Ex Parte Hensen - Page 2


         Appeal No. 2006-3174                                                       
         Application No. 10/488,501                                      2          

              The appellant's invention relates to a device for sealing-            
         in pouring spouts in bags (specification, p. 1).  A copy of the            
         claims under appeal is set forth in the appendix to the                    
         appellant's brief.                                                         
                                   The Prior Art                                    
              The prior art references of record relied upon by the                 
         examiner in rejecting the appealed claims are:                             
         Serra    6,266,948    Jul. 31, 2001                                        
         Hiramoto et al.  6,655,114    Dec.  2, 2003                                
         Gram     4,751,806    Jun. 21, 1988                                        
                                   The rejections                                   
              Claims 1 and 2 stand rejected under 35 U.S.C. § 103 as                
         being unpatentable over Hiramoto in view of Serra.1                        
              Claims 3 and 4 stand rejected under 35 U.S.C. § 103 as                
         being unpatentable over Hiramoto in view of Serra as applied to            
         claims 1 and 2 and further in view of Gram.                                

                                                                                    
         1   The examiner has not addressed claim 10 in the statement of the rejections
         or in the discussion in the body of the answer.  Therefore, we assume that 
         the examiner has withdrawn the rejection of claim 10 discussed in the Final
         Rejection.                                                                 



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