Appeal 2006-1290
Application 10/144,345
FINDINGS OF FACT
Appellant invented a recloseable bag which includes, as depicted in
Figures 2 and 3, opposing side walls 11 and 12. The top edge of the side
wall 11 is below the top edge side wall 12. A closure member 14 is adapted
to close the opposing side walls. A pleat 13 is included proximate the
closure member 14. The specification defines a pleat as an inward fold
extending laterally across the width of a side wall 11. The pleat forms a
pocket inside the sidewall (Spec. 5). The pleat has an extended and retracted
position. In the extended position the pleat enables the sidewall to expand
outwardly farther than the sidewall could expand without the fold (Spec. 5).
The closure member, as recited in claims 11, 16, and 26 is bowed when the
pleat is in the extended position. The closure member, as recited in claims
11, 16, and 26 has first and second portions which are disposed above the
top edge of the side wall 11 (Fig. 3).
Watanabe discloses a packaging bag that includes a gusset 3 on the
outside of the bag (Fig. 1). A small bag 10 is created by adhering one side
of gusset 3 to the main body of the bag (0009). Milk or a small object such
as a spoon may be inserted into the bag 10 (0009). The gusset 3 is not an
inward fold extending laterally across the side of the sidewall of the bag and
does not permit the sidewalls of the bag to expand outwardly farther than the
sidewall could expand without the fold. In addition, the gusset 3 does not
affect the closure 5 when it is in an extended position.
Yano discloses a bag having opposing side walls with lateral pleats
3a. The pleats allow the bag to expand when filled (Yano 4, Fig. 2). The
closure member 6, when the bag is upright, is not integral with the top edge
of one of the side walls. Rather, the closure member 6 is disposed parallel to
4
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Last modified: September 9, 2013