Appeal No. 2006-1612 Page 9
Application No. 10/153,376
We disagree with the examiner’s position and find that Jaster fails to
disclose a “collapsible element forming a hermetic seal,” as recited in independent
claims 1 and 5. The purpose of the Jaster device is to improve the retaining
function of the fastener without making the bag more difficult to open. (Jaster, col.
2, lines 24-26). In certain embodiments, Jaster discloses a recess (6) in the head (5)
of catch (3) that yields when the male and female profiles are engaged with one
another. The function of the recess is to prevent disengagement of the male and
female profiles due to pressure, tension, or impact. Specifically, Jaster describes
the function of the recess as follows,
Owing to this [recess], the forces resulting from the
action of any sudden load on the fastener caused by
pressure, tension, or impact will be initially taken up
inside the fastener so that the impact is substantially
reduced because the outer lateral contact surfaces of the
head of the catch can yield and assume the aligned
position and the slotted head can yield until the sides of
the slot contact each other. The fastener is disengaged
and opened only when the application of force is
continued. (Jaster, col. 3, lines 30-38).
Jaster does not teach or suggest that the recess (6) in the head (5) of catch (3)
yields to form a hermetic seal. There is no teaching or suggestion in Jaster that
formation of a hermetic seal is achievable with the disclosed fastener. Further, the
figures of Jaster show a gap between the male and female profiles when joined,
which suggests that the seal is not airtight. As such, we do not sustain the rejection
of claims 1, 2, 5, and 6 as anticipated by Jaster.
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