Ex Parte Piechocki - Page 2



             Appeal No. 2006-1612                                                  Page 2                     
             Application No. 10/153,376                                                                          

                                               BACKGROUND                                                        
                   The appellant's invention relates to a zipper closure for a reclosable bag.                   
             Claims 1 and 5 are representative of the subject matter on appeal, and a copy of                    
             these claims can be found in the appendix to the appellant’s brief.                                 
                   The examiner relies upon the following as evidence of unpatentability:                        
                   Jaster     3,338,285  Aug. 29, 1967                                                           
                   Singhal    5,189,765  Mar. 02, 1993                                                           
                   Tominaga et al. (“Tominaga”) 5,293,672  Mar. 15, 1994                                         
                   The following rejections are before us for review.                                            
                1. Claims 1-8 stand rejected under 35 U.S.C. § 112, first paragraph, as failing                  
                   to comply with the written description requirement.                                           
                2. Claims 4 and 8 stand rejected under 35 U.S.C. § 112, second paragraph, as                     
                   being indefinite for failing to particularly point out and distinctly claim the               
                   subject matter which applicant regards as the invention.                                      
                3. Claims 5 and 6 stand rejected under 35 U.S.C. § 102(b) as being anticipated                   
                   by Singhal.                                                                                   
                4. Claims 1, 2, 5, and 6 stand rejected under 35 U.S.C. § 102(b) as being                        
                   anticipated by Jaster.                                                                        
                5. Claims 1, 4, 5, and 8 stand rejected under 35 U.S.C. § 103(a) as being                        
                   unpatentable over Tominaga.                                                                   
                   Rather than reiterate in detail the conflicting viewpoints advanced by the                    
             examiner and the appellant regarding this appeal, we make reference to the                          
             examiner's answer (mailed December 2, 2005) for the examiner's complete                             






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