Appeal 2007-0947
Application 10/701,039
note that Appellants have not asserted, let alone established with objective
evidence, that the claimed percentage of sheet material comprising
protrusions produces an unexpected result. Nor do Appellants base any
argument upon objective evidence of nonobviousness.
Appellants separately argue claim 10 which recites that the "storage
wrap material is conformable." Appellants maintain that Wilbur relates to
laundry wrappers comprised of flexible papers which "are not generally
considered to be conformable materials" (sentence bridging pages 4 and 5 of
principal Brief). However, as explained by the Examiner, Wilbur expressly
teaches that the disclosure is not restricted to tie-bands used by laundries, but
that "the invention can also be embodied in a label, wrapper, envelope or
other article of flexible sheet material intended for other uses" (page 1, col,
2, ll. 34-37). Accordingly, we agree with the Examiner that one of ordinary
skill in the art would have considered the sheet material of Wilbur to be
suitable as flexible, conformable sheet material used for wrapping and
storing articles.
In conclusion, based on the foregoing, the Examiner's decision
rejecting the appealed claims is affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(iv)(effective Sept.
13, 2004).
AFFIRMED
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