Ex Parte Healy et al - Page 2



             Appeal No. 2006-2374                                                 Page 2                     
             Application No. 10/164,670                                                                         
                                              BACKGROUND                                                        
                   The appellants’ invention relates to a reclosable bag having gusset sidewalls                
             that are bonded to front and rear walls of the bag opposite the reclosable seal to                 
             form volume regions that are removed from the volume of the reclosable bag.  This                  
             bonding assists in forming a substantially flat bottom to the reclosable bag.  The                 
             bonding also precludes material used to fill the bag from flowing into the removed                 
             volume regions.  Claim 25, reproduced below, is representative of the subject                      
             matter on appeal.  A copy of all of the claims on appeal can be found in the                       
             appendix to the appellants’ brief.                                                                 
                          25. A reclosable bag comprising a front wall, a rear                                  
                          wall  and  two  sidewalls,  each  sidewall  connecting  the                           
                          front wall to the rear wall, each sidewall having a gusset                            
                          along a substantial portion thereof, a top part of the front                          
                          wall and rear wall closed by a reclosable seal, the front                             
                          wall  and  the  rear  wall  bonded  to  the  adjacent  gusset                         
                          sidewalls opposite the reclosable seal to form volume                                 
                          regions within said reclosable bag opposite the reclosable                            
                          seal that are removed from the volume of the reclosable                               
                          bag  thereby  assisting  in  forming  a  substantially  flat                          
                          bottom to the reclosable bag and whereby a material to be                             
                          filled into the bag is precluded from flowing into the                                
                          removed volume regions, and a seal at the bottom edge of                              
                          the reclosable bag to close the reclosable bag.                                       
                   The examiner relies upon the following as evidence of unpatentability:                       
                    Dickson                             3,378,189          Apr. 16, 1968                        
                    McClintock et al. (McClintock) 5,037,138               Aug. 06, 1991                        
                    Stolmeier et al. (Stolmeier)        6,257,763          Jul. 10, 2001 (filed                 
                                                                           Jun. 04, 1998)                       
                    Furukawa et al. (Furukawa)          JP 4[1992]-6049 Jan. 10, 1992                           
                    Noguchi                             JP 05-097151       Apr. 20, 1993                        






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