Ex parte BUSSEY, III et al. - Page 3




          Appeal No. 2001-1381                                                        
          Application 08/826,741                                                      


               [t]he knives easily slice through [Rosenleaf’s]                        
               plaster board [web] without giving any support to                      
               the plaster board.                                                     
               As noted in Appellant’s [sic] Reply Brief at                           
               page 2, if a knife 17-20 on the rotor 16 of                            
               Rosenleaf cuts or perforates the plaster board, it                     
               cannot be said that the knife also supports the                        
               plaster board.  The terms “cutting” and                                
               “perforating” each means that there is a relative                      
               [vertical] movement between the knife and the                          
               plaster board.  The term “support” means that there                    
               is no relative [vertical] movement between the knife                   
               and the plaster board.                                                 
               As soon as a knife 17-20 of Rosenleaf contacts                         
               the web of plaster board, the cutting edge of the                      
               knife (shown serrated in Fig 1) cuts into the                          
               plaster board.  As such, the knife and particularly                    
               the serrated knife edge cannot support the web                         
               [request, page 4].                                                     

               Before addressing the substance of this argument, we find              
          it necessary to remark on the following passage in the                      
          appellants’ request:                                                        
               [i]t appears that the decision has not agreed                          
               with the Examiner’s reasons for rejecting claims 1                     
               and 26 as being unpatentable over Rosenleaf in view                    
               of Sato.  That is to say, the BPAI agrees that it                      
               would not have been obvious to one of ordinary skill                   
               in the art to eliminate the cradle frame 112 of                        
               Rosenleaf and to provide the Rosenleaf device with a                   
               base roll moving means for moving the base roll                        
               vertically out of position with the upper perforator                   
               roll during a non-cutting phase in order to insure                     
               that there is no interference between the lower base                   
               roll and the web.  Instead, the decision appears to                    
               hold that Rosenleaf alone teaches that the plaster                     
               board is supported by the rotor 16 during a                            
               perforating or cutting operation, i.e. when the                        
                                          3                                           




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