Ex Parte Formo - Page 4



          Appeal No. 2004-0996                                                        
          Application No. 09/520,947                                                  

          OPINION                                                                     
             The examiner finds that Morris teaches placing a loaf of bread           
          in an inner package (a wax paper wrapper) that has one end with a           
          weakening opening means (i.e., perforations) for enabling access            
          to the loaf by the consumer, inserting the inner package into an            
          outer bag such that the end of the inner package with the                   
          weakening opening means is inserted last, and closing the outer             
          bag (Answer, page 4; see also the final Office action, Paper No.            
          8, pages 2-3).  The examiner recognizes that Morris fails to teach          
          two limitations recited in claim 25, i.e., where the bread loaf is          
          fed into a bag having a closed end with a weakening opening means           
          and heat shrinking the inner bag (Answer, page 4; Paper No. 8,              
          page 3).  The examiner relies on McEachen “as evidence of the               
          conventionality of enclosing a loaf of bread in a bag with a                
          closed end having a weakening means (i.e. perforations) and an              
          open end for filling where the weakening means allow the consumer           
          to access the bread after the package has been sealed” (Paper No.           
          8, page 3).  The examiner further relies on Theed “as evidence of           
          the conventionality of heat shrinking an inner bag of a double bag          
          bread package to preserve the bread” (Paper No. 8, page 4).                 
             From these findings, the examiner concludes that it would have           
          been obvious to one of ordinary skill in this art to modify the             
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