Ex parte POLONI - Page 4




          Appeal No. 97-1035                                                          
          Application 08/217,657                                                      


          that it is properly aligned with the stock.                                 
               In applying the Poloni reference to support the § 103                  
          rejections on appeal, the examiner has found (see page 5 in                 
          the answer) that Poloni’s conveyor channel 13 meets the                     
          limitations in independent claim 7 requiring a two-channel                  
          switch having a first channel for receiving and directing the               
          leading and trailing end segments of the rolled stock and a                 
          second channel for receiving and directing the main body of                 
          the rolled stock, with the two channels being superimposed at               
          least at their upstream ends on a plane perpendicular to the                
          axes of rotation of the blade-holder drums.  As Figure 1 of                 
          the Poloni reference clearly shows, however, the two sub-                   
          channels defined by conveyor channel 13 are “superimposed” at               
          their upstream ends on a plane which is parallel, rather than               
          perpendicular, to the rotation axes of Poloni’s blade-holder                
          drums (knives 14).  The alternative rationales advanced by the              
          examiner as to why such structure nonetheless responds to the               
          claim limitations in question (see pages 9 through 11 in the                
          answer) are manifestly unreasonable.  This deficiency in                    
          Poloni finds no cure in Elsner, Willard and/or Duri.                        
               Thus, the prior art evidence relied upon by the examiner               
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