Ex Parte Van Erden - Page 5


         Appeal No. 2006-1088                                                       
         Application No. 09/974,400                                                 
         seal of Yeager’s package is opened.  Again, appellant’s zipper             
         is also disclosed to be used within a bag.                                 
              Also, contrary to appellant’s arguments, we do not find               
         that the use of impermissible hindsight is necessary for                   
         concluding that it would have been obvious for one of ordinary             
         skill in the art to use a slider of the type disclosed by                  
         Thieman to facilitate opening and closing the zipper of Yeager.            
              As a final point, we note that appellant bases no argument            
         upon objective evidence of nonobviousness, such as unexpected              
         results, which would serve to rebut the inference of obviousness           
         established by the applied prior art.                                      
              In conclusion, based on the foregoing and the reasons well-           
         stated by the examiner, the examiner’s decision rejecting the              
         appealed claims is affirmed.                                               













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