Ex Parte Van Erden - Page 2


         Appeal No. 2006-1088                                                       
         Application No. 09/974,400                                                 
         said second profile flange being attached to said first profile            
         flange by a peel seal; and                                                 
              a slider disposed on said interlocking members, said slider           
         being adapted to open the zipper as it is moved along said                 
         interlocking members in an opening direction and to close the              
         zipper as it is moved along said interlocking members in a                 
         closing direction.                                                         
                                                                                   
              The examiner relies upon the following references as                  
         evidence of obviousness:                                                   
         Yeager     5,829,884   Nov.  3, 1998                                       
         Thieman    5,956,924   Sep. 28, 1999                                       
              Appellant’s claimed invention is directed to a reclosable             
         zipper having first and second profiles which include                      
         interlocking members and flanges extending laterally from only             
         one side of the interlocking member.  The zipper also comprises            
         a slider disposed on the interlocking members to facilitate                
         opening and closing the zipper.                                            
              Appealed claims 1, 3-9 and 11-14 stand rejected under                 
         35 U.S.C. 103(a) as being unpatentable over Yeager in view of              
         Thieman.                                                                   
              Appellant does not separately argue any particular claim on           
         appeal.  Accordingly, all the appealed claims stand or fall                
         together with claim 1.  In re McDaniel, 293 F.3d 1379, 1383,               
         63 USPQ2d 1462, 1465 (Fed. Cir. 2002).                                     



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