Ex Parte Price - Page 2

                Appeal 2006-1290                                                                                   
                Application 10/144,345                                                                             
                appeal can be gleaned from a reading of claim 11, which is reproduced                              
                below:                                                                                             
                    11.     A recloseable bag, comprising:                                                         
                       a first side wall having first and second side edges, and a top edge;                       
                       a second side wall having first and second side edges attached to                           
                the first side wall along respective first and second side edges, the attached                     
                first and second sides having an upper portion and a lower portion, the                            
                second side wall having a top edge, the top edge of the second side wall                           
                being disposed below the top edge of the first side wall;                                          
                       a closure member adapted to recloseably join the first and second                           
                side walls, the closure member having first and second portions; and                               
                       a pleat proximate the closure member and adapted to occupy                                  
                extended and retracted positions, the closure member being bowed when the                          
                pleat is in the extended position, the first portion of the closure member                         
                being integral with the top edge of the first side wall, the second portion of                     
                the closure member being integral with the pleat, the first and second                             
                portions of the closure member being disposed above the top edge of the                            
                second side wall.                                                                                  
                    The Examiner rejected claims 11, 12, 14, 16, 17, 19, and 26 to 29 under                        
                35 U.S.C. § 102(b) as being anticipated by Watanabe.                                               
                    The Examiner rejected claims 11, 12, 14, 16, 17, 19 and 26 to 29 under                         
                35 U.S.C. § 103 as being unpatentable over Yano.                                                   
                    The Examiner rejected claims 13, 18, and 30 under 35 U.S.C. § 103 as                           
                being unpatentable over Yano or Watanabe.                                                          
                    The Examiner rejected claims 15 and 20 to 25 under 35 U.S.C. § 103 as                          
                being unpatentable over Yano.                                                                      
                    The prior art relied upon by the Examiner in rejecting the claims on                           
                appeal is:                                                                                         


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