Appeal No. 2006-1255
Application No. 10/655,076
including heat sealing, gluing and the like (col. 4, lines 58-
63). Nylon mesh divider panels (80,82) may be stitched to the
webs of opposite side panels to form separate compartments within
the container (col. 5, lines 5-13).
The examiner argues that the Kellogg ‘188 container, when it
has solid walls, is capable of holding contaminated fluid
(answer, pages 5 and 10). The examiner, however, has not
provided evidence or reasoning which shows that a solid, flexible
material necessarily is capable of holding contaminated fluid.
Moreover, the examiner has not established that Kellogg ‘188
discloses walls that are attached to each other and to the
container’s floor in a way that enables the container to hold
contaminated fluid.
The examiner argues that garments and toys can flow as they
are being poured from one container to another or into a washing
machine and, therefore, are fluids (answer, page 10). During
patent prosecution, claims are to be given their broadest
reasonable interpretation consistent with the specification, as
the claim language would have been read by one of ordinary skill
in the art in view of the specification. See In re Zletz, 893
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