Appeal No. 2006-3174
Application No. 10/488,501 7
the belts C1 and C2 would need to engage the sides of the
plastic bag to transport the bag, each belt would be in close
proximity to the other belt because the plastic bags are
collapsible regardless of the size of the plastic bag. In
addition, the plastic bags would be transported in a closed
position thereby preventing the opening and filling of the bags
and therefore defeating the object of the Hiramoto device.
In view of the foregoing, we will not sustain the
examiner’s rejection of claims 1 and 2 under 35 U.S.C. § 103 as
being unpatentable over Hiramoto in view of Serra. We will also
not sustain the rejection of claims 3 and 4 under 35 U.S.C. §
103 as being unpatentable over Hiramoto in view of Serra and
further in view of Gram as this rejection relies on the
combination of Hiramoto and Serra.
The decision of the examiner is reversed.
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