Ex parte SLABOWSKI - Page 5




          Appeal No. 97-3214                                                          
          Application No. 08/280,369                                                  


          Rudkin-Wiley Corp., 837 F.2d 1044, 1052, 5 USPQ2d 1434, 1052                
          (Fed. Cir.), cert. denied, 488 U.S. 825 (1988).                             
               As has been admitted by the examiner, Matsunaga fails to               
          disclose or teach moving the thread sled perpendicular to the               
          material pass line.  In this regard, the examiner points out                
          that Graf teaches displacing a tool station component in a                  
          direction transverse to the material pass line, and Brand teaches           
          displacing a material conveying means transversely to the tools             
          operating upon it.  From these teachings, the examiner concludes            
          that it would have been obvious to one of ordinary skill in the             
          art to modify the Matsunaga system so that it meets the terms of            
          claim 1.  We do not agree.                                                  
               Graf discloses a system for punching sheet material with a             
          plurality of tools carried by a rotatable tool holder (Figure               
          11).  The tool holder is transversely movable across the material           
          pass line, and advancement of the sheet along the pass line                 
          coupled with transverse positioning of the proper tool results in           
          punching in the desired location.  However, as we understand the            
          Graf machine, while the tool holder is movable transversely, it             
          does not move to an “inactive” position, that is, “out of” the              
          material pass line.  It would appear that, at best, the                     
          transverse movement of the tool holder merely allows one of the             

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