Appeal 2007-1229
Application 10/325,333
1 We AFFIRM.
2 Appellants invented
3 a unitary flexible package for enclosing and containing in a sealed
4 condition one or more compressible products in both a compressed
5 and uncompressed condition. The package comprises a first closure
6 member capable of sealing the package in a first closed condition
7 defining a first volume, and a second closure member capable of
8 sealing the package in a second closed condition defining a second
9 volume, the second volume being greater than the first volume.
10
11 (Specification 3).
12 The only independent claim under appeal reads as follows:
13 1. A unitary flexible package, (10) said package enclosing and
14 containing in a sealed condition one or more products (100) in an
15 initially compressed condition, characterized in that said
16 package comprises: a first closure member, (12) said first closure
17 member in the form of an adhesive tape sealing said package
18 (10) in a first closed condition defining a first volume, said
19 adhesive tape comprising a line of weakness to permit rupture
20 and opening of said first closure member, wherein said one or
21 more products expand upon opening of said first closure
22 member, said package further comprising a second closure
23 member (14), said second closure member sealing said package
24 (10) in a second closed condition defining a second volume,
25 said second volume being greater than said first volume.
26
27 The Examiner rejected claims 1, 2, 6, and 8 under 35 U.S.C. § 103(a)
28 (2004) as being unpatentable over Lizio in view of Kim. The Examiner
29 rejected claim 7 under 35 U.S.C. § 103(a) as being unpatentable over Lizio
30 in view of Kim and Miller.
31
2
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