Appeal 2006-1290
Application 10/144,345
the side edge of the side wall. Yano discloses that placement of the closure
member 6 parallel to the side edge of the side wall has certain advantages
over placement of the closure member 6 at the top edge of the side wall.
Specifically, Yano discloses that placing the closure member parallel to the
side edge of the side wall creates an opening that is larger and results in
easier withdrawal of the goods especially goods in the bottom of the bag
(Yano 6).
Were the bag of Yano rotated 90° as suggested by the Examiner, the
closure 6 would be integral with the top edge of the first side wall.
However, the closure member would not have a first member integral with
the top edge of the first side wall and first and second portions disposed
above the top edge of the second side wall. Rather, one portion of the
closure member would be integral with a top edge of the first side wall but
the closure member would be positioned below the top edge of the second
side wall.
ANALYSIS
As gusset 3 of Watanabe is not an inward fold and does not enable the
sidewalls of the bag to expand outwardly farther than the sidewalls could
expand without the fold and does not affect the bowing of the closure
member when it is extended, the gusset 3 of Watanabe is not a pleat or
means for attaching as recited in claims 11, 16 and 26. Therefore, Watanabe
does not anticipate claims 11, 16, 26, and claims 12, 14, 17, 19, and 17 to 29
dependent thereon.
In addition, there is no suggestion in Watanabe to modify the
Watanabe bag so as to include the claimed pleat. Therefore, the subject
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Last modified: September 9, 2013