Appeal No. 97-3703 Page 7
Application No. 08/110,349
413, 425, 208 USPQ 871, 881 (CCPA 1981). Indeed, a prima
facie case of obviousness is established where the reference
teachings would appear to be sufficient for one of ordinary
skill in the art having those teachings before him to make the
proposed combination or modification. See In re Lintner, 458
F.2d 1013, 1016, 173 USPQ 560, 562 (CCPA 1972).
Having reviewed the combined teachings of Walker, Scott
and Osmera, we do not agree with the examiner that these
teachings would have suggested to one of ordinary skill in the
art the modification proposed by the examiner.
Initially, Walker does not disclose any support for the
web of packing material downstream of the stationary base
knife (23) but, rather, lets the severed material fall into a
suitable receptacle, such as a container (28). See Figure 2
and column 3, lines 51 and 52. The movable shear pan (25) of
Scott is provided specifically to guide and transfer the
severed gelatin material from the first conveyor (11) to a
transfer table (43), which then pivots the severed material to
an upright orientation onto the second, slower conveyor (15)
for further drying. It is designed to move resiliently
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