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 4Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007