Appeal No. 95-4515
Application No. 08/243,000
bedding materials, wherein a reasonable size cell is required
for the insertion of synthetic filler material.
We find no motivation for one of ordinary skill in the
art to provide minimal spaced cellular units by having
overlapping strips as suggested by the examiner. There is no
motivation to prepare a filled cellular unit with minimal
sized units obtained by having closely spaced overlapping
spacers, in accordance with the combined teachings of Hopper
and Hansen. Accordingly, there is no suggestion to modify the
structure of Hansen and no suggestion to modify the structure
of Hopper. We therefore conclude that the examiner has failed
to establish a prima facie case of obviousness against claims
122, 124, 129 and 130.
As to the second set of claims, including claim 133 and
dependent claims 134 through 143, 145 and 146, claim 133
provides in part for, "displacing each cut strip partially
away from said first wide sheet material before tack bonding
the next successive strip thereto." The above limitation was
introduced in the Preliminary Amendment (Paper No. 22).
Appellants' invention, as shown in Figure 3, provides
for a specific positive mechanism of displacing the strip
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