Appeal Number: 2006-1409
Application Number: 10/326,010
Takata, in order to allow the user to separate the elements more easily for opening
the container.
Appellants contend that there is no teaching or motivation to modify Kocher to
include a film fracture feature comprising a portion of the outer edge of the heat
seal formed as a straight-line segment oriented at a non-perpendicular angle to
each of the two substantially straight portions of the heat seal, as recited in
independent claim 1 and as similarly recited in independent claim 21.
ISSUE
The issue in this case is whether the appellants have shown that the examiner
erred in holding that one skilled in the art and would have incorporated the
straight-line segment of Takata in the Kocher container.
FINDINGS OF FACT
Appellants invented a package with a two layer film attached to the package by
a heat seal 30. The two layer film consists of an upper gas-impermeable layer 34
and a lower gas-permeable layer 32. As depicted in Figure 1, the heat seal has
straight portions 31 connected to one another at one corner by a straight-line
segment 50 (specification at page 9). The straight-line segment 50 is proximate a
pull tab 28 on the lid of the container. The straight-line segment 50 intersects the
straight portions 31 at an obtuse angle (specification at page 9; Figure 1).
Appellants’ specification teaches that when the pull tab 28 is pulled back, the
forces are focused on the straight-line segment 50 so that the gas-impermeable
layer 34 may be removed in one piece without disturbing the heat seal between the
gas-permeable layer 32 and the upper surface of the package (specification page 9).
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Last modified: September 9, 2013