The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board. UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES _______________ Ex parte WILLIAM J. BAKKER ______________ Appeal No. 2006-0445 Application 08/977,374 _______________ ON BRIEF _______________ Before PAK, WARREN and TIMM, Administrative Patent Judges. WARREN, Administrative Patent Judge. Decision on Appeal This is an appeal under 35 U.S.C. § 134, the claims having been twice rejected, from the decision of the examiner rejecting claims 36 through 46 in the Office action mailed May 18, 2004, which are all of the claims in the application. Claim 36 illustrates appellant’s invention of a cover for sealing an open-topped container, and is representative of the claims on appeal:1 36. A cover for sealing an open-topped container comprising: a piece of heat shrinkable film shaped and sized to cover the open top of said container and to have a downwardly extending portion around an upper rim of said container, said piece of heat shrinkable film being a film substrate that contracts when heated and which remains unchanged upon exposure to radiant energy, said downwardly extending portion including a first means to convert the radiant energy to heat to heat said downward depending portion when said first means is exposed to the radiant energy, such that said downwardly extending portion is heat 1 We have copied claim 36 as it stands of record and appears in the appendix to the brief. - 1 -Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007