Ex parte SPERRY et al. - Page 3




               Appeal No. 97-2491                                                                                                    
               Application 08/514,010                                                                                                


                       The references of record relied upon by the examiner in support of a rejection under 35 U.S.C.                

               § 103 are:                                                                                                            

                       Sperry                         4,800,708               Jan.  31, 1989                                         
                       Willden et al (Willden)4,999.975               Mar. 19, 1991                                                  

                       Claims 33, 34, 40 and 41 stand rejected under 35 U.S.C. § 103 as being unpatentable over                      

               Sperry in view of Willden.                                                                                            

                       The examiner found that “Sperry substantially teaches the claimed invention, but provides                     

               means for feeding two webs to be sealed together instead of feeding one center-folded web to be                       

               sealed for forming cushions” and that “Willden et al teaches the conventionality of feeding one center-               

               folded web for forming cushions in an analogous system” (final rejection (Paper No. 7), page 4).                      

               Based on these findings, the examiner concluded that it would have been obvious to one of ordinary                    

               skill in the art “to provide means for feeding and sealing the edge of a center-folded web for forming                

               cushions in the system of Sperry in order to provide a simplified system which does not require dual                  

               web feeding means or dual edge sealers” (final rejection (Paper No. 7), page 4).  Implicit in the                     

               rejection is the examiner’s position that the Sperry device modified in the manner proposed would                     

               result in an apparatus that corresponds to the claimed subject matter in all respects.                                

                       The complete statement of the examiner’s position is found in the final rejection and in the                  

               examiner’s answer (Paper No. 14).                                                                                     



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