Ex Parte HEIL et al - Page 9



          Appeal No. 2004-1831                                                        
          Application No. 09/338,095                                                  
          “separably attached” or “joined along a line of weakness” as                
          required by independent claims 5 and 22 respectively.  We cannot            
          sustain, therefore, the examiner’s section 103 rejection of these           
          claims and the claims which depend therefrom as being                       
          unpatentable over Yoshino in view of Steidinger.1                           
               In summary, we are unable to sustain any of the section 103            
          rejections advanced by the examiner on this appeal.                         
               The decision of the examiner is reversed.                              
                                     REVERSED                                         

                    Bradley R. Garris               )                                 
               Administrative Patent Judge     )                                      
                    )                                                                 
                                                  )                                   
                                                  )                                   
                         Charles F. Warren               ) BOARD OF PATENT            
                         Administrative Patent Judge     )   APPEALS AND              
                                                  )  INTERFERENCES                    
                                                  )                                   
                                                  )                                   
               Peter F. Kratz                     )                                   
                         Administrative Patent Judge     )                            
          BRG:tdl                                                                     



               1                                                                      
               1 The examiner’s obviousness conclusion with respect to                
          independent claim 5 is additionally flawed for the reasons                  
          discussed with respect to independent claim 3.                              
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