Ex parte BAETLEIN - Page 5




          Appeal No. 98-0009                                                          
          Application No. 08/538,414                                                  


          two.  A cutter blade pivotally mounted between the two plates               
          has a cutting edge “which matingly engages the cutting edge of              
          the end plate.”                                                             
               Hoffman, the primary reference, discloses a declipping                 
          system in which two pairs of scissors-type pivotal blades                   
          coincidentally cut the end rings from the facing ends of two                
          adjacent sausage packages.  While the two sets of blades are                
          parallel to each other, they are not connected by end plates,               
          much less having a curved cutting edge carried by end plates.               
          Whereas in the claimed system the package is cut with a blade               
          positioned on the end of the two blades, where they are                     
          joined, in Hoffman the package is cut by a conventional                     
          scissors technique.  This can be appreciated by comparing                   
          Figure 5 of the application with Figure 1 of Hoffman.  Hoffman              
          therefore lacks a showing of the claimed end plate                          
          interconnecting the ends of the parallel plates, the curved                 
          cutting edge on the end plate, and the cutter blade mounted                 
          for pivotal motion between the plates.                                      
               LaBounty is directed to an apparatus for attachment to                 
          the end of a backhoe or the like, its purpose being to grapple              
          rubble and debris such as fallen trees on a construction site,              
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