Appeal No. 2006-1740
Application No. 10/337,124
The examiner is relying on Tilman’s incorporation by
reference of the U.S. Patent No. 5,713,669 to Thomas to
alternatively teach joining the first and second panels 19,
20 with a frangible connection to form the closed edge 18
for tamper-evident structures. Specifically, the examiner
is relying on Tilman’s incorporation by reference of “the
principles described in U.S. Patent No. 5,713,669 to Thomas
for tamper-evident structures. See column 7, lines 45-47
of Tilman” (Answer, paragraph bridging pages 4 and 5).
Thomas discloses a reclosable bag having opposing
panels 12, 14 including a zipper 22 (col. 2 line 64 to col.
3, line 5). A slider 32 is mounted on the zipper 22 (col.
3, lines 20-23). Thomas’ reclosable package includes
“[f]irst and second upstanding panels 36 and 38 [that]
extend upwardly from the respective first and second body
panels 12 and 14” (Figure 3; col. 3, lines 32-34). The
“upper edges of the respective first and second upstanding
panels 36 and 38 are joined to each other to seal the
pocket and completely encapsulate the slider 32 and zipper
22 within the sealed pocket. The upper edges of the
respective first and second upstanding panels 36 and 38 may
be joined to each other either by thermal fusion or by
integrally forming these upper edges with each other” (col.
3, lines 61-67).
Thomas also teaches an alternative embodiment that
provides a frangible connection between the upper edges of
the respective first and second upstanding panels 36 and
38. Thomas discloses creating a “peelable seal [between]
the inner surfaces of one or both of the upstanding panels
36 and 38 above the slider 32 and zipper 22 [by] detachably
[connecting them] to each other [with] a tacky adhesive-
4
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