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).
5
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