Appeal 2007-0343
Application 09/745,702
called for in the claims on the outer surface of Richards' tubular sheet,
and
3. whether an oval or elliptical shape of the outlet opening and a portion
of the passageway as called for in Appellants' claim 10 would have
been an obvious variation of the circular opening and passageway
shape of Richards' device.
THE FACTS
Richards discloses an apparatus for using packs of flexible tubing in
packaging a series of objects, such as babies' disposable diapers, respectively
in individual packages along a length of such flexible tubing (Richards, col.
1, ll. 6-15). Of interest to Richards is solving the problems of hygienic and
smell-free disposal of such objects. Richards recognizes a need to improve
the hygiene, convenience and economy of these objects and to improve the
suppression of or, if possible, the complete elimination of the smell.
(Richards, col. 1, ll. 20-24.)
Richards' apparatus comprises a plastic container 21. A pack
consisting of a tubular core 1 inside a circumferentially pleated length of
flexible tubing 2 is located in the container 21. To begin using the pack to
form a series of packages of objects, the top of the flexible tubing 2 is pulled
upwards and tied into a knot 24 and pushed downward inside the core 1 to
form the bottom of a package. An object is thrust well down into the core 1
and the package is closed by twisting the flexible tubing above the object as
at 30. When it is desired to remove the packages from the bin portion 36 of
the container, the uppermost package is severed above its upper twisted
6
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