Ex Parte Bertl et al - Page 2

                Appeal 2007-2072                                                                                                           
                Application 10/220,606                                                                                                     

           1                    15.  A device, comprising:                                                                                 
           2                   a first chamber formed by a first foil and a second foil;                                                  
           3                    a closed receptacle in said first chamber;                                                                 
           4                    a pouch; and                                                                                               
           5                    a first selectively-openable passage area disposed between said first                                      
           6            chamber and said pouch, wherein                                                                                    
           7                    said receptacle is openable by applying pressure to said first foil and                                    
           8            said second foil such that when opened, a first substance in said first                                            
           9            receptacle becomes available to pass through said first chamber and said                                           
         10             passage area into said pouch.                                                                                      
         11                                                                                                                                
         12                                                                                                                                
         13                                             THE REFERENCES                                                                     
         14     Sirago                                        US 3,713,779                        Jan. 30,  1973                           
         14 Franck                                       US 4,081,077                        Mar. 28, 1978                                 
         15                                                                                                                                
         16     Discko                                       US 5,660,273                        Aug. 26, 1997                             
         17     Peuker                                       US 6,105,761                        Aug. 22, 2000                             
         18                                                                                                                                
         19                                             THE REJECTIONS                                                                     
         20             The claims stand rejected under 35 U.S.C. § 103 as follows: claims 15, 16,                                         
         21     18-21 and 23-29 over Discko in view of Sirago; claims 15-21, 23-29 and 32-39                                               
         22     over Peuker in view of Sirago; and claims 30 and 31 over Discko in view of Sirago                                          
         23     and Franck, or Peuker in view of Sirago and Franck.1                                                                       
         24                                                   OPINION                                                                      
         25             We reverse the aforementioned rejections.  We need to address only the                                             
         26     independent claims, i.e., claims 15, 34, 36 and 38.2  Each of those claims requires                                        

                                                                                                                                           
                1 A rejection of claims 15-21, 23-27, 32 and 33 under 35 U.S.C. § 103 over Sirago                                          
                in view of US 4,008,803 to Smith is withdrawn in the Examiner’s Answer (p. 3).                                             
                2 The Examiner does not rely upon Franck for any disclosure that remedies the                                              
                deficiency in either Discko and Sirago or Peuker and Sirago as to the independent                                          
                claims.                                                                                                                    
                                                                    2                                                                      


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