Ex Parte Moss - Page 4

                Appeal 2007-3167                                                                              
                Application 10/320,295                                                                        

           1                                                                                                  
           2                               FINDINGS OF FACT                                                   
           3          Based upon a preponderance of the evidence, we make the following                       
           4    findings of fact:                                                                             
           5         1. Appellant invented a soap wrapper, and in particular, a bar of                        
           6             soap wrapped at least by a stiffening member.  A package                             
           7             comprises the bar of soap, the stiffening member, and a wrapper                      
           8             surrounding both the bar of soap and the stiffening member.                          
           9             (Specification 1).                                                                   
          10         2. Nakamura is directed to "a package for containing a confectionary                     
          11             or the like prepared by forming a transparent rigid film sheet into                  
          12             an angular tube to which the confectionary or the like is contained                  
          13             and then inserting and sealing the annular tube in a transparent                     
          14             plastic bag.” (Translation 1).                                                       
          15         3. Nakamura discloses that the transparent rigid film sheet 1 is made                    
          16             from a rigid vinyl chloride sheet. (Translation 2).                                  
          17         4. Nakamura describes the confectionaries or the like as being "the                      
          18             bulky product." (id.).                                                               
          19         5. The Examiner found (Answer 3) that the angular tube/stiffening                        
          20             member 1, 2 of Nakamura is disposed around at least the                              
          21             longitudinal extent of the object, with the longitudinal ends of the                 
          22             object not surrounded by the stiffening member.                                      
          23         6. Will discloses that articles such as bars of soap require some                        
          24             protection but that expensive and elaborate packaging is not                         
          25             justified.  (col. 1, ll. 8-11).                                                      


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