Ex Parte Hogan et al - Page 4


                Appeal 2006-2800                                                                              
                Application 10/151,388                                                                        

                      The Appellants provide no reasoning as to why the applied references                    
                would not have fairly suggested, to one of ordinary skill in the art, using La                
                Pierre’s tear bead to initiate tearing along Weeks’ perforated lines of tearing.              
                It reasonably appears that La Pierre’s disclosure that the tear bead is                       
                effective for initiating tearing between perforated lines (col. 8, ll. 61-68)                 
                would have fairly suggested, to one of ordinary skill in the art, using the tear              
                bead instead of or in addition to Weeks’ notch (36) for initiating tearing                    
                between Weeks’ perforated lines of tearing (22, 24).  As indicated by                         
                Weeks’ figures 1 and 5, the tear bead necessarily would be on the side of the                 
                base layer (14) opposite the film (12) having the perforated lines of tearing.                
                      We therefore are not convinced of reversible error in the Examiner’s                    
                rejection.                                                                                    
                                                DECISION                                                      
                      The rejection of claims 1, 3-6 and 8 under 35 U.S.C. § 103 over                         
                Weeks in view of La Pierre is affirmed.                                                       
                                                AFFIRMED                                                      







                vsh                                                                                           

                DAY PITNEY LLP                                                                                
                7 TIMES SQUARE                                                                                
                NEW YORK, NY 10036-7311                                                                       

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