Appeal No. 2006-0408
Application No. 09/775,451
and a lower density than the inner layer so that an
article can easily be removed from or placed in the
bag, since it has been held that rearranging parts of
an invention involves only routine skill in the art.
In re Japikse, [181 F.2d 1019] 86 USPQ 70 [CCPA 1950].
This obviousness conclusion is without merit in multiple
respects.
First of all, the modification proposed by the examiner
would render the prior art bag unsatisfactory for the intended
purpose disclosed by Sugimoto. That is, the lower coefficient of
friction surface of patentee's bag faces outwardly so as to allow
sliding between the outer surface and buffering material (e.g.,
see element 4 in Figure 1) thereby preventing the packaged
article inside the bag from being directly rubbed by the
buffering material (see lines 51-64 in column 4). This
desideratum would not be achieved if patentee's bag were modified
in the manner proposed by the examiner. This infirmity of the
examiner's rejection is discussed in more detail by the appellant
on pages 9-10 of the Brief and pages 2-3 of the Reply Brief.
In addition, the examiner has completely misinterpreted the
decisions of In re Japikse, 181 F.2d 1019, 86 USPQ 70 and
-4-
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