Appeal No. 2006-0335
Application No. 10/301,308
lines 40-49 of Todd. Todd also discloses the step of cross-
sealing the folded film at package-width intervals (at station
38, via seal bars 42) to form a chain of packages and
subsequently cutting each of the packages or pouches (12) from
the chain of packages (at 46).
As recognized by the examiner, Todd does not disclose the
use of a slider with the zipper material of the package therein,
and does not teach or suggest sequential sealing of the zipper
material to the package walls, as required in appellants’ claims
on appeal. To account for the first of these differences, the
examiner turns to Herz, urging that this patent provides adequate
teaching and suggestion for one of ordinary skill in the art at
the time of appellants’ invention to have provided the packages
of Todd with a slider to provide an aid for opening and closing
the packages. Appellants have not contested this aspect of the
examiner’s rejection.
Regarding the second difference, the examiner contends that
it would have been an obvious matter of design choice to
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