Appeal No. 2006-0836
Application No. 10/154,221
sides (i.e., side seals) [sic,.] However,
the Ausnit reference only discloses packages
that have a lap seal extending from the top
to the bottom of the package along the
middle of the package. One skilled in the
art would not be motivated to modify the
Ausnit reference to provide side seals as
disclosed in the La Pierre reference because
such a modification would change the
principle operation of the Ausnit reference
. . . . Altering the structure of the bags
of the Ausnit reference would require a
drastic alteration of the disclosed method
of making the bags. Therefore, one skilled
in the art would not be motivated to alter
the Ausnit reference to provide side seals
as shown in the La Pierre reference [Brief,
paragraph bridging pages 5 and 6].
In response to this argument, the Examiner merely cites,
and paraphrases the opinion of, In re Keller, 642 F.2d 413,
208 USPQ 871 (CCPA 1981), without further explanation (Answer,
page 5).
We agree with the Appellant that the Examiner’s rejection
is not well founded.
In contrast to the subject matter recited in independent
claim 1, and as correctly argued by Appellant, Ausnit does not
disclose a reclosable package with front and back sheets “being
-4-
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