Appeal 2007-3167
Application 10/320,295
1 The Examiner rejected claims 28-32 under 35 U.S.C. § 103(a) under
2 35 U.S.C. § 103(a) (2004) in view of Nakamura in view of Will. The
3 Examiner additionally rejected claims 23-27 under 35 U.S.C. § 103(a) as
4 being unpatentable over Kiyoshi in view of Nakamura and Will.
5
6 The prior art relied upon by the Examiner in rejecting the claims on
7 appeal is:
8 Nakamura2 JP 57-85482 May 26, 1982
9 Will 5,098,012 Mar. 24, 1992
10 Kiyoshi JP 10-152179 Jun. 9, 1998
11
12 With respect to the rejection of claims 28-32 Appellant contends
13 (Br. 6) that Nakamura's process of fabricating an angular tube which is glued
14 together with a glue flap is different from the process of wrapping an object
15 with a plastic sheet, and that wrapping a soap bar with a sheet is not the
16 same as filling a fabricated tube with a confectionary. Appellant further
17 contends that Will’s process of wrapping a soap bar with a stiffener made
18 from economical paper teaches away from plastic, and that there is no
19 disclosure or suggestion that Will be combined with Nakamura. The
20 Examiner contends (Answer, 3) that Nakamura discloses the limitations of
21 the claims except for the object being a bar of soap. To make up for this
22 deficiency of Nakamura, the Examiner turns to Will for a teaching of a
23 package comprising a bar of soap having a stiffener member around the
24 longitudinal extent of the bar, but not surrounding the ends of the bar.
2 We rely upon the English language translations of Nakamura and Kiyoshi
that are of record.
2
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