Appeal No. 97-3703 Page 14
Application No. 08/110,349
Therefore, we are constrained to reverse the examiner's
obviousness-type double patenting rejections of claims 1
through 4, 6 through 14, 16 through 18 and 26.
NEW REJECTION UNDER 37 CFR § 1.196(b)
Under the provisions of 37 CFR § 1.196(b), we enter the
following new ground of rejection.
Claim 1 is rejected under 35 U.S.C. § 103 as being
unpatentable over Walker in view of the appellants' admitted
prior art shown in Figures 6 through 7D2 and discussed on page
16, line 15, to page 20, line 24, of the application.4
Walker discloses a machine for converting continuous webs
of sheet material into crumpled lengths of packing material
comprising a frame (1), embossing rolls (41,42), funnel (6)
and rollers (9,10) for converting the sheet material into the
crumpled packing material and a cutting assembly including a
first knife (23) and a second knife (20) movable in a
rectilinear motion (note Figure 3) between a rest position and
a cutting position in shearing engagement with the first knife
(23). Walker does not disclose an automatic alignment device
4The appellants admitted this subject matter is prior art to this
application on page 2 of Paper No. 17, filed April 10, 1996.
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