Appeal No. 2005-1318 Page 2
Application No. 10/191,198
BACKGROUND
The appellants' invention relates to product packaging and more particularly to
providing packaging of a product, such as a snack food, in a stand-up pouch
(specification, p. 2). A copy of the claims under appeal is set forth in the appendix to
the appellants' brief.
The rejections before us in this appeal are as follows:
(1) Claims 1 to 4, 6 to 9 and 14 under 35 U.S.C. § 103 as being unpatentable over U.S.
Patent No. 3,354,601 to Schneider et al. (Schneider) in view of U.S. Patent No.
6,245,367 to Galomb; and
(2) Claims 1 to 4, 6 to 9 and 14 under 35 U.S.C. § 103 as being unpatentable over
Admitted Prior Art (APA) in view of Galomb.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the above-noted rejections, we make reference to the answer
(mailed June 24, 2004) for the examiner's complete reasoning in support of the
rejections, and to the brief (filed April 28, 2004) and reply brief (filed August 11, 2004)
for the appellants' arguments thereagainst.
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