Appeal No. 2006-1354
Application No. 10/337,026
frangible connection of the sealing strip comprises a structural
weakness 45 that is located between, and thus joined to, first
and second portions of sealing strip 16b” (Answer, paragraph
bridging pages 4 and 5).
Appellants argue that:
[i]t is respectfully submitted that Figure
18 of the Strand reference discloses the
cited element 16b being attached to the
walls of the bag by seals (i.e., "hermetic
seals 40", see first full paragraph of
column 11), with element 16b including a
"structural weakness 45" down the center
thereof. This is quite different from the
language of Claim 10 of the present
application "said sealing strip being joined
by a frangible connection to at least one of
said walls". It is respectfully submitted
that Figure 18 of the Strand reference
neither discloses nor makes obvious the
claimed structure [Brief, page 6].
The Examiner contends that the:
[a]ppellant's claim language does not
preclude intervening portions of barrier
film 16b to the left or right side of
structural weakness 45. The Examiner
maintains that the sealing strip 16b in
Strand et al. is joined by a frangible
connection to at least one of the walls,
wherein the frangible connection of the
sealing strip comprises a structural
weakness 45 that is located between, and
thus joined to, first and second portions of
sealing strip 16b. [Answer, page 6].
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