Ex Parte Harges et al - Page 8



            Appeal 2006-3345                                                                                 
            Application 10/256,982                                                                           
                   As stated supra, Kujubu’s heater head 51, heater strip 72, and heater wire 74             
            are heated only after the vacuum box 22 has been evacuated.  As such, Kujubu                     
            does not disclose continuously heating the sealing bar while the vacuum is being                 
            generated.  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               
            claim, however, requires that the sealing bar is continuously heated during the                  
            generating step.  As stated supra, Kujubu does not turn on the limit switch to heat              
            its heater head 51 until after “the desired degree of vacuum within the bag 1 has                
            been obtained” (i.e., the vacuum has been generated).  As such, Kujubu does not                  
            disclose continuously heating at least one sealing bar “during” this generating step.            
                   Claim 14, directed to a vacuum packaging machine, recites “a heater which                 
            is continuously connected to a source of current to generate heat with at least one              
            of said opposing sealing bars when (i) said vacuum generator is operated to                      
            generate said vacuum, and (ii) said sealing mechanism is operated to close said                  
            opposing sealing bars about the open end of the package.”  As stated supra,                      
            Kujubu discloses that after the desired degree of vacuum within the bag 1 has been               
            obtained and after the bag has been clamped by the heater head 51, the limit                     
            switch, which controls the connection of the lead wires of the heater components to              
            the power source, is turned “ON” so that electric current is passed through the                  
            heater strip 72 and the heater wire 74, whereupon the bag 1 is heat sealed.  Thus,               
            Kujubu discloses that the heater head 51, heater strip 72, and heater wire 74 are                

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