Ex Parte Payne et al - Page 3



            Appeal No. 2005-1957                                                                       
            Application No. 10/000,976                                                                 


            referring to the Office action dated Mar. 10, 2004).1  We reverse                          
            the rejection on appeal essentially for the reasons stated in the                          
            Brief and those reasons set forth below.                                                   
             OPINION                                                                                   
                  The examiner finds that Uchida discloses placing a cartridge                         
            1 inside a created packaging container 2, with sealing member                              
            5 placed on opening 1a, where the sealing member has an extension                          
            integrally attached and a second end 5a attached to the container                          
            by heat seal 3, with means for partially removing the cartridge                            
            from the package or container 2, with the integrally attached                              
            extension of sealing member 5a being of enough length so that the                          
            cartridge may be partially removed without removing the seal                               
            (Answer, pages 3-4, citing Figures 1-4 and col. 2, l. 66-col. 3,                           
            l. 32, of Uchida).                                                                         
                  Appellants argue that Uchida ensures the removal of the seal                         
            5 as soon as the cartridge 1 is begun to be removed from the bag                           
            2 (Brief, pages 4 and 6).                                                                  


                  1The Office action dated Mar. 10, 2004, also includes the                            
            rejection of claims 1, 6, 10 and 15 under 35 U.S.C. § 112,                                 
            paragraph 2, and 35 U.S.C. § 103(a).  These rejections have not                            
            been repeated in the Answer.                                                               
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