Appeal 2006-3345
Application 10/256,982
connected to a source of current to generate heat only after the vacuum box 22 has
been evacuated.
The Examiner found that Kujubu’s heater must inherently be continuously
connected to a source of current in order to generate heat with one of the sealing
bars. We disagree. Kujubu clearly discloses that the connection between the
heater head 51 and the power source occurs only when the limit switch is “on.” As
such, when the limit switch is “off,” i.e., during the generation of the vacuum, the
heater head 51 is not connected to a source of current to generate heat.
We also do not find any suggestion or motivation in Kujubu or Kristen,
which was relied upon by the Examiner to show use of a temperature sensor to
monitor the temperature of the sealing bar, to modify the machine of Kujubu to
continuously heat the heater head 51.
Accordingly, we find that Kujubu does not anticipate representative claims 9
and 14 and that Kujubu and Kristen do not render obvious dependent claims 3, 10,
and 15.
CONCLUSIONS OF LAW
We conclude that the Examiner erred in rejecting claims 1, 2, 4-9, 11-14,
and 16-18 as anticipated by Kujubu and erred in rejecting claims 3, 10, and 15 as
obvious in view of Kujubu and Kristen.
9
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