Appeal No. 2006-1610
Application No. 09/826,420
have been motivated to employ the gas injection pins of Multivac
"in order to eliminate small cracks between webs of film where
air can enter packages along with gas" (page 6 of Answer, first
paragraph). Also, the examiner correctly finds that Multivac
teaches that "any number of gas injection pins can be used"
(page 11 of Answer, fourth paragraph). We are not persuaded by
appellants' argument that Multivac is directed to packaging for
red meats, sausage, etc. whereas McGowan is directed to the
sterilization of medical articles. Regardless of the particular
material enclosed or the specific gas to be injected, both
McGowan and Multivac are directed to the same problem of
injecting gas in a form-fill-and seal device.
As a final point, we note that appellants base no argument
upon objective evidence of nonobviousness, such as unexpected
results, which would serve to rebut the prima facie case of
obviousness established by the examiner.
In conclusion, based on the foregoing and the reasons well-
stated by the examiner, the examiner's decision rejecting the
appealed claims is affirmed.
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