Appeal No. 95-4515
Application No. 08/243,000
two separate sets of claims. The first set includes claim
122, and dependent claims 124, 129 and 130. Independent claim
122 requires the limitation, "positioning said first sheet
relative to each said strip as said strip is fed thereto
thereby to position said strips in overlapping relation." The
examiner in the office action dated September 20, 1994 (Paper
No. 24; paragraph no. 2), stated that "it is the examiners
position that it would have been within the
purview of those having ordinary skill in the art to space the
strips closer to each other in the method of the combined
references."
We do not agree. The examiner has offered no reasons
or motivation to so space the strips. Nor has the examiner
even shown that the strips can be spaced in overlapping
fashion using the apparatus and method of Hopper. To the
contrary, Hopper teaches strips which are not positioned in
overlapping relationships as shown by Hopper in figures 2 and
3. Indeed, substantial space exists between the strips. Nor
does Hansen solve the problem of overlapping spacing. The
purpose of Hansen is to provide a filled cellular material for
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