Appeal No. 2006-1481
Application No. 09/846,714
below the section separated by lead lines from numeral 3
constitutes the “concave surface of the second lateral
edge”.
As required by claim 50, Figure 2 of Campbell
illustrates the pouch wherein the concave surface of the
first lateral edge is substantially opposite the convex
surface of the second lateral edge and wherein the convex
surface of the first lateral edge is substantially
opposite the concave surface of the second lateral edge.
Furthermore, the left lateral edge comprising: the curved
portion just above the section indicated by lead line 2;
the section indicated by lead line 2; and the curved
portion just below the section indicated by lead line 2,
is substantially S-shaped. Likewise, the right lateral
edge comprising: the curved portion just above the section
separated by lead lines from numeral 3; the section
separated by lead lines from numeral 3; and the curved
portion just below the section separated by lead lines from
numeral 3, is substantially S-shaped.
For the above reasons we conclude that a prima facie
case of obviousness of the appellant’s claimed invention
has been established and has not been effectively rebutted
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