Appeal No. 2006-1740
Application No. 10/337,124
like substance that is well-known in the art” (col. 4,
lines 38-43).
Strand discloses a reclosable bag having opposing
sides 35, 36 including a zipper assembly 20 (Figures 10 and
12; col. 9, lines 6-8). In the embodiment of Figures 10
and 12, the reclosable bag has a header 15 above the zipper
structure (col. 10, line 31). The header 15 can be formed
by heat-sealing the opposing sides 35, 36 (Figure 35; col.
10, lines 8-11). In addition, Strand discloses providing a
peelable seal 50 joining opposing sides 35, 36 below the
zipper assembly 20 (col. 9, lines 39-54).
According to the examiner,
Tilman et al. '254 discloses [sic,
disclose] the claimed device except for
a peel seal connecting the first and
second walls below the interlocking
members. Strand et al. discloses [sic,
disclose] that it is known in the art
to provide a peel seal connecting the
first and second walls below the
interlocking members in an analogous
bag. It would have been obvious to one
having ordinary skill in the art at the
time the invention was made to provide
the bag of Tilman et al. '254 with the
peel seal connecting the first and
second walls below the interlocking
members as taught by Strand et al, in
order to provide a hermetic seal
between the interlocking members and
the interior of the bag [Answer,
page 3].
Appellants argue that
presently pending claim 1 calls for
"said first wall segment being joined
to said second wall segment by a first
frangible connection". It appears that
the Office Action is construing the
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