Appeal 2006-3345
Application 10/256,982
be clear on its face to one skilled in the art and requires only that the sealing bars
remain closed a predetermined amount of time as opposed to an indeterminate time
period. Whether or not the bag has been sealed after the predetermined time period
is irrelevant to the understanding of the claim. As such, we do not sustain the
Examiner’s rejection of claim 13 under 35 U.S.C. § 112, second paragraph.
DECISION
The Examiner’s rejection of claims 1, 2, 4-9, 11-14, and 16-18 under 35
U.S.C. § 102(b), claims 3, 10, and 15 under 35 U.S.C. § 103(a), and claims 9-14
and 16-18 under 35 U.S.C. § 112, second paragraph are not sustained. The
Examiner’s rejection of claims 1-8 and 15 under 35 U.S.C. § 112, second
paragraph, is sustained; however, Appellants can overcome this rejection by
amending claims 1-8 and 15 as explained supra.
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