Ex Parte Schneider et al - Page 2



         Appeal No. 2006-1354                                                       
         Application No. 10/337,026                                                 

              portion being attached to said first wall along a line                
              extending substantially from side to side of said package;            
              a second zipper profile having a second interlocking                  
              member engageable with said first interlocking member and a           
              second flange portion, said second flange being attached to           
              said second wall along a line extending substantially from            
              side to side of said package; and                                     
              a sealing strip, separate from said first and second                  
              flange portions and free of connection to said first and              
              second flange portions, within said package extending from            
              side to side and from wall to wall of the package, said               
              sealing strip being joined by a frangible connection to at            
              least one of said walls.                                              
              The Examiner relies upon the following references as                  
         evidence of anticipation and unpatentability:                              
         Wiley                         5,769,772            June 23, 1998           
         Malin                         6,183,134            Feb. 6, 2001            
         Strand et al. (Strand)        6,360,513            Mar. 26, 2002           
              Claims 10, 11 and 13 stand rejected under 35 U.S.C.                   
         § 102(b) as being anticipated by Wiley.                                    
              Claims 10 and 11 stand rejected under 35 U.S.C. § 102(e) as           
         being anticipated by Malin.                                                
              Claims 10 and 11 stand rejected under 35 U.S.C. § 102(e) as           
         being anticipated by Strand.                                               
              Claims 13 and 15 stand rejected under 35 U.S.C. § 103(a) as           
         being unpatentable over Strand.                                            


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