Appeal No. 97-3703 Page 9
Application No. 08/110,349
holding-down device (2) relative to that of the blade (10), so
that the sheared-off segment is released, as shown in Figure
2, to tilt and slide away from the cutting area before the
holding-down device (2) returns to its upper-most position
shown in Figure 1 (see pages 5 to 7 of the translation
prepared by the PTO). Thus, even if such a holding-down
device were employed on Walker to clamp the web during
cutting, such a device would not align the cut section with
the outlet opening of the conversion machine. Rather, Osmera
teaches having the device release the cut section and permit
it to fall into the container (28) without reaching an aligned
condition.
For the foregoing reasons, we shall not sustain the
examiner's rejection of claims 1 through 4, 9, 10 and 16 under
35 U.S.C. § 103.
Rejection 2
We have reviewed the teachings of the appellants'
admitted prior art shown in Figures 6 through 7D2 of the
application explicitly relied upon by the examiner (the post-
cutting constraining assembly, the outlet opening and the
cutter assembly) on pages 4 and 5 of the final rejection, but
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