Appeal No. 2006-1481
Application No. 09/846,714
pouch of the same shape for holding fluid but does not
specifically teach the pouch wherein the peripheral edges
are joined by heat sealing.
Hubbard teaches that it is known in the art of sealed
pouches (e.g. bladders, thermal packs etc.) to form a pouch
by heat sealing together two flat sheets along their outer
peripheral edges (Col. 5 lines 55-60).
Examiner argues that it would have been obvious to one
of ordinary skill in the art at the time of the invention
to have incorporated heat sealing as taught by Hubbard in
the hot water bottles of Campbell given the teaching by
Hubbard that such sealed edges provide “integral
construction” (Col. 5 line 59) which would necessarily
result in a leak proof, or at least leak resistant,
peripheral seam (answer, page 4).
Appellant argues in the brief (page 10) that: (1)
Campbell does not disclose lateral edges comprising heat
seals thus precluding motivation to combine with Hubbard;
and that (2) Campbell does not disclose substantially
S-shaped edges to the degree claimed.
Appellant’s argument that a lack of heat sealing in
Campbell prevents combination with Hubbard is without
merit. Obviousness-type rejection does not require that
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