Ex parte RATZEL et al. - Page 10




          Appeal No. 97-3703                                        Page 10           
          Application No. 08/110,349                                                  


          find nothing therein which overcomes the deficiencies of the                
          combination of Walker, Scott and Osmera discussed above.                    
          Accordingly, we also cannot sustain the examiner's rejection                
          of claims 6 through 8, 11 through 14, 17 and 18 under 35                    
          U.S.C.     § 103.                                                           
                                     Rejection 3                                      
               Ottaviano discloses a cushioning dunnage producing and                 
          handling apparatus comprising a cutting mechanism, shown in                 
          Figure 7, including a stationary cutter edge (78b) and a                    
          movable cutter blade (78a) driven by a double acting fluid                  
          motor (89).  A supporting table surface (96) helps support the              
          dunnage as it is emitted from the device.  A mobile transfer                
          vehicle (102) comprising a rotatable shaft (110) equipped with              
          a U-shaped bracket (112) for securing the leading edge of the               
          dunnage strip to the shaft is located near the outlet of the                
          dunnage machine for collecting dunnage onto a roll and moving               
          it to a selected area which may be remote from the dunnage                  
          machine (column 7, lines 5 through 25).                                     
               As the Ottaviano cutter blade (78a) moves upwardly, in a               
          direction away from the table surface (96), to coact with the               
          stationary cutter edge (78b) during cutting, there is no risk               







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