Appeal No. 2001-2589 Page 7
Application No. 09/072,911
squeezed between the surface of the support member and the blade and severed. The
cutting blade is essentially parallel to the surface of the support member, and cutting is
not accomplished by a pair of blades crossing through a cutting plane; the appellants
have aptly described the device as a “chopper” (Reply Brief, page 4). In addition,
attached to the first blade is a square (15) upon which a guide (13) having upstanding
sides (see Figure 1) is mounted for rotation about an axis (14) by means of a knurled
screw (16). The molding to be cut is held and oriented at the desired angle to the
cutting blade by the guide. Owing to the fact that the blade spans the entire width of
the guide and the presence of upstanding sides on the guide, it is clear that this device
is not intended, in normal usage, to cut less than the full width of the molding. No
mention is made in the reference that the device is intended to cut sheet material, much
less sheet material such as paper or cloth, and there is no evidence from which to
conclude that it is capable of cutting such. In fact, the device is described as usable “to
replace the saw and miter box which is usually employed when cutting electric
moldings” (translation, page 5).
From our perspective, and considering the arguments put forth by the appellants,
Rotax is not responsive to the invention as recited in claim 1 in a number of ways. First,
Rotax is not directed to a device for cutting sheet material, nor does it appear that it is
capable of cutting sheet material. We base this conclusion on the fact that its cutting is
accomplished by a single blade that presses the article to be cut against the surface of
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