Ex Parte Stagg et al. - Page 3



          Appeal No. 2006-1760                                                        
          Application No. 09/728,697                                                  

          strip secured to the film which allows for controllably tearing             
          an opening through the film for accessing an article or articles            
          within the enclosed region.  The tearable tape strip is defined             
          by opposing, longitudinal edges and a central section that is               
          tearable relative to the longitudinal edges.  According to                  
          appellants, “[c]onventional tear strips cannot tear a ‘clean’               
          opening” through films having the recited puncture-propagation              
          tear resistance.  Films of the present invention having such tear           
          resistance are polyethylene, linear low-density polyethylene,               
          low-density polyethylene, and blends of polyethylene.                       
               The appealed claims stand rejected under 35 U.S.C. § 103(a)            
          as follows:                                                                 
                    (a) claims 1, 2, 4, 5, 11, 13, 17, 18, 20, 21, 27, 29,            
               35-38, 41, 42, 44, 45, 47, 51 and 52 over Riddell in view of           
               Osborn,                                                                
                    (b) claims 8, 14-16, 24, 31 and 32 over Riddell in view           
               of Osborn and Kim,                                                     
                    (c) claims 1, 2, 4-8, 11, 13, 14, 17, 18, 20, 21-24,              
               27, 29, 30, 33, 35-39, 41, 42, 44-48, 51 and 52 over                   
               Underwood in view of Osborn and Leseman,                               
                    (d) claims 9, 25 and 56 over Underwood in view of                 
               Osborn, Leseman and Hodson,                                            
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