Appeal No. 2006-1740
Application No. 10/337,124
"first closed edge 18" which is formed
by "a single sheet of package film 17
[being] folded" (see col. 3, lines 24,
25) as the claimed "frangible
connection" [Brief, page 5].
In response, the examiner contends that “[t]here is
nothing in appellant's [sic, appellants’] claims that
require the first and second wall segments be made from
separate, individual sheets of package film” (Answer, page
4).
We are unpersuaded by appellants’ argument regarding
the first edge 18 being formed by folding a single sheet of
film. As we noted above, Tilman contemplates an
alternative embodiment where “two separate sheets of film”
may be used to form the package 10 and the closed edge 18
can be formed by heat sealing or ultrasonically crushing
the edges (col. 3, lines 28-33).
Appellants further argue that
[w]hile the Office Action notes that
the Thomas reference (US. Patent No.
5,713,669) is incorporated by reference
in the Tilman reference, it is
respectfully submitted that there is
nothing in the Tilman reference which
would lead one of ordinary skill in the
art to seek out the bald reference to
the peel seal of col. 4, lines 37-42 of
the Thomas reference and substitute two
walls for the claimed first and second
wall segments for the folded wall of
the Tilman reference [Brief, page 5].
The examiner responds “that the claims are rejected
over the Tilman and Strand references, not Tilman and
Thomas as suggested by appellant[s]” (Answer, page 4) and
that “Tilman incorporates by reference the principles
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