Ex parte HERMAN - Page 7




          Appeal No. 1998-1803                                                        
          Application 08/409,188                                                      


          position which is explained in detail in the brief.  The                    
          examiner has not responded to any of appellant’s pertinent                  
          arguments in the brief, but instead, the examiner has simply                
          repeated erroneous positions held from the start of                         
          prosecution in this application.  The claims relate to a                    
          method and apparatus for projecting an identifying image onto               
          previously cut material pieces to enable identification and                 
          sorting for subsequent processing.  Neither Campbell nor                    
          Gerber relates to the identification of previously cut pieces.              
          Appellant is also correct that there is nothing to be gained                
          by projecting the templates of Campbell onto the material                   
          itself.  The templates would still be used only to determine                
          where to cut the sheet material and would not satisfy the                   
          claim recitations of projecting identifying information onto                
          material parts previously cut from sheet material.                          


          Since each of the independent claims recites limitations                    
          which are not taught or suggested by the applied prior art, we              
          do not sustain the examiner’s rejection of any of claims 1-21               
          based on the prior art applied by the examiner.  Therefore,                 


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