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 4Page: Previous 1 2 3 4
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