Appeal No. 2006-1354
Application No. 10/337,026
discloses a bag having opposing side panels 35 and 36 with a
zipper assembly 20 (Figures 14 and 18; col. 10, lines 27-41).
Zipper assembly 20 is shown in more detail in Figure 3 and it
includes first and second zipper profiles engageable with each
other, each profile having a respective flange 16 bonded to
their respective side panels at location 14 (col. 8, lines
28-36). The embodiment in Figure 18 of Strand shows the use of
a barrier film 16b that is hermetically sealed at locations 40
to the opposing side panels 35, 36 and having a structural
weakness 45 (col. 11, lines 18-20). The structural weakness 45
may be perforations, scores, microperforations and multiple
laminate materials including a layer designed to be easily torn
(col. 3, lines 37-49). Thus, structural weakness 45 is intended
to be a frangible connection. We note that the barrier film 16b
shown in Figure 18 of Strand is “separate from said first and
second flange portions and free of connection to said first and
second flange portions.”
The examiner contends that Strand anticipates claim 10
because “[t}he sealing strip 16b in Strand et al. is joined by a
frangible connection to at least one of the walls, wherein the
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