Ex Parte Harges et al - Page 5



            Appeal 2006-3345                                                                                 
            Application 10/256,982                                                                           
            opposing sealing bar when the sealing mechanism is operated to close the opposing                
            sealing bars about the open end of a package, as required by claim 14.  The                      
            Examiner found that Kujubu discloses that its sealing bar is continuously heated                 
            during the closing step from the time the bag is clamped to the time the bag is                  
            sealed and cut while the bag is still supported, the vacuum is still being generated,            
            and the bag is still clamped by the sealing bars (Answer 5).  The Examiner also                  
            found that Kujubu’s sealing machine must necessarily be continuously connected                   
            to a source of current in order to work and thus the heater must also inherently be              
            continuously connected to the same source of current to generate heat with one of                
            the sealing bars, as required by claim 14 (Answer 4).  The issue before us is                    
            whether Appellants have shown that the Examiner erred in finding that Kujubu                     
            discloses continuously heating the sealing bar as the package is supported within a              
            vacuum chamber, the vacuum is generated, and the sealing bars are being closed.                  

                                           FINDINGS OF FACT                                                  
                   A preponderance of the evidence establishes the following facts:                          
                   Kujubu discloses a vacuum packaging machine having a heater head 51 with                  
            a heater strip 72 and a heater wire 74 (Kujubu, col. 6, ll. 30-38 and 41-47).                    
                   Kujubu discloses that heater strip 72 and heater wire 74 are connected                    
            through lead wires 77a, 77b, 79a, and 79b to terminals 80 installed in an air-tight              
            manner through the wall of the vacuum box 22 and connected at their outside ends                 
            to slide rings 27 and 28 (Kujubu, col. 6, ll. 52-56).                                            



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