Appeal 2006-1290
Application 10/144,345
Yano (as translated) JP 3-240651 Oct. 28, 1991
Watanabe (as translated) JP 5-147661 Jun. 15, 1993
Appellant contends that Watanabe does not anticipate claims 11, 12, 14,
16, 17, 19, and 26 to 29 because Watanabe does not disclose a pleat
proximate the closure member adapted to occupy extended and retracted
positions (Br. 6). In addition, Appellant contends that Watanabe does not
disclose a pleat that in its extended position causes the closure member to
bow.
The Examiner contends that the gusset folding part 3 is a pleat as
claimed.
Appellant also contends that claims 11, 12, 14, 16, 17, 19, and 26 to 29
are not unpatentable over Yano because Yano does not disclose the claimed
placement of the closure member so that the first and second portions of the
closure member are disposed above the top edge of the second side wall.
The Examiner contends that the placement of the closure member is a
mere matter of design choice and that Yano discloses Appellant’s closure
member placement if Yano’s Figure 3 were rotated 90° counter clockwise.
ISSUES
The first issue is whether the Appellant has shown that the Examiner
erred in finding that Watanabe discloses a pleat proximate the closure
member which in the pleat’s extended position causes the closure member to
bow.
The second issue is whether it would have been obvious to modify
Yano such that the first and second portions of the closure member are
disposed above the top edge of the second side wall.
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