Ex Parte BAKKER - Page 1






                                       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                                  today was not written for publication and is not binding                                           
                                  precedent of the Board.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.                           

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