Ex Parte Schneider et al - Page 6



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

              Malin also discloses a “reclosable package or bag (col. 1,            
         lines 6-9).  Malin’s reclosable bag 44 has opposing walls 42 and           
         43 and a zipper assembly comprising two profile interlocks 16,             
         20 engageable with each other.  Each profile interlock includes            
         respective flanges 24, 26 so the zipper assembly may be bonded             
         to the opposing walls 42, 43 via sealant 30 through connecting             
         strips 34, 36 (Figures 2 and 3; col. 3, lines 44-46, 53-61).               
         Connecting strip 36 includes peel seal 38 that is secured to               
         wall 43 (col. 4, lines 1-4).  Peel seal 38 provides an internal            
         seal “better able to withstand internal opening forces of the              
         package 44” (col. 4, lines 6-8).                                           
              According to the examiner, “[t]he peel seal material 38 in            
         Malin meets the recited ‘sealing strip’ because it is                      
         free of connection from the flange portions 24, 26 to the degree           
         that the peel seal material 38 is not in direct contact with the           
         flanges. Furthermore, the peel seal material 38 extends from               
         wall 43 to wall 42 via connecting strip 36” (Answer, page 4).              
              Appellants argue that:                                                
                   [i]t is respectfully submitted that this is                      
                   essentially a layer of adhesive-type                             
                   material serving as a connection between                         
                   strip 36 and bag wall 43 that does not                           

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