Ex Parte Schneider et al - Page 3



               Appeal No. 2006-1232                                                                         
               Application No. 09/761,500                                                                   

                            extending substantially from side to side of said                               
                            package and said distal end of said second flange                               
                            portion being free of attachment to said second                                 
                            wall; and                                                                       
                                  at least one of said walls and flange portions                            
                            forming a wall segment beyond the attachment line                               
                            of said wall to its associated flange portion, said                             
                            segment extending over said profiles' interlocking                              
                            members and being sealed to an opposite one of                                  
                            said segments thereby forming a seal, said seal                                 
                            providing a frangible connection to provide a                                   
                            tamper-evident feature for said reclosable package.                             

                                             THE EVIDENCE                                                   
                      The Examiner relies upon the following as evidence of                                 
               unpatentability:                                                                             
               Thompson  US 5,224,779  Jul. 06, 1993                                                        
               Thomas  US 5,713,669  Feb. 03, 1998                                                          
               Ausnit  US 6,131,369  Oct. 17, 2000                                                          
               Tilman  US 6,412,254 B1  Jul. 02, 2002 (Dec. 16, 1999)                                       

                                            THE REJECTIONS                                                  
                      Appellants seek review of the Examiner’s rejections of claim 1 under                  
               35 U.S.C. § 102(b) as being anticipated by Thompson, claims 1-4 under 35                     
               U.S.C. § 102(e) as being anticipated by Tilman, and claims 1-4 under 35                      
               U.S.C. § 103(a) as being unpatentable over Tilman in view of Thomas,                         
               unpatentable over Ausnit in view of Thomas, and unpatentable over Thomas.                    


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