Appeal 2007-2060
Application 09/945,318
Accordingly, based on the factual findings set forth in the Answer and
above, we determine that the preponderance of evidence weighs most
heavily in favor of obviousness of the subject matter claimed within the
meaning of 35 U.S.C. § 103
REJECTION (2): Claims 4 and 48.
The Appellants have not disputed the Examiner’s determination that:
[T]o place the bag of Beer into an exterior carton would have
been obvious, depending on the desired type of exterior
packaging appearance since Ray teaches vacuum-sealed
cereal containing bags may be stored in cartons if desired and it
may be desirable to place the vacuum bag of Beer in a carton so
that it would have a better physical fit on a store shelf
comprising other cereal cartons. It would have been further
obvious to select a paperboard carton, since this is a
conventionally well-known carton material for breakfast
cereals. (Compare Answer 9, with Br. 17).
Rather, the Appellants rely on the same arguments raised in the
REJECTION (1) above. Therefore, based on the factual findings set forth
in the Answer and above, we determine that the preponderance of evidence
weighs most heavily in favor of obviousness of the subject matter claimed
within the meaning of 35 U.S.C. § 103.
REJECTION (3): Claims 49 and 50.
The Appellants have not disputed the Examiner’s determination that:
it would have been obvious to further modify Beer
since Ours et al. teach providing a perforated area in the bag
near the top when the bag is inside a paperboard carton would
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