Appeal 2007-2060
Application 09/945,318
provide a convenient and reclosable way of dispensing the
breakfast cereal. (Compare Answer 9-10, with Br. 17-18).
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 (4): Claims 5-8, 13, and 14.
The Appellants have not disputed the Examiner’s determination that:
[I]t would have been obvious to further modify the bags of Beer
and include premiums or coupons by affixing pressure sensitive
labels, preprinted information, on the inside or outside of the
package, or with a separate compartment as recited in claims 5-
8, [and] 13-14, since Witkowski teaches it notoriously well
known and desirable to provide premiums and/or coupons with
cereal based products that are packaged in boxes and teaches
how providing such features in a much more efficient
way so that products packaged in bags/wrappers may offer the
desirable premiums and coupons. (Compare Answer 10-11,
with Br. 18).
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.
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