Ex Parte JOHNSON - Page 2




          Appeal No. 2001-1763                                                        
          Application 08/899,434                                                      


          Advisory Action dated Sep. 22, 2000, Paper No. 18).  We have                
          jurisdiction pursuant to 35 U.S.C. § 134.                                   
               According to appellant, the invention is directed to an                
          apparatus for dispensing, applying and sealing individual                   
          sections of thermoplastic tape having one or more fastener                  
          profiles thereto (Brief, page 4).  Appellant states that the                
          claims stand or fall together for each ground of rejection                  
          (Brief, page 6).  A copy of illustrative independent claim 1 is             
          attached as an Appendix to this decision.                                   
               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Martin                       3,659,767          May 02, 1972                
          Schroth et al. (Schroth)     4,608,115          Aug. 26, 1986               
          Kanemitsu et al. (Kanemitsu) 5,400,568          Mar. 28, 1995               
          Kühnhold et al. (Kühnhold)   5,413,656          May 09, 1995                
          Rajala                       5,659,229          Aug. 19, 1997               
          Bodolay et al. (Bodolay)     5,776,045          Jul. 07, 1998               
          (filed Nov. 6, 1995)                                                        
               Claims 1 and 8 stand rejected under 35 U.S.C. § 103(a) as              
          unpatentable over Bodolay in view of Kanemitsu and Schroth                  
          (Answer, page 2).  Claim 2 stands rejected under 35 U.S.C.                  
          § 103(a) as unpatentable over the references as applied against             
          claims 1 and 8, further in view of Rajala (Answer, page 4).                 
          Claim 3 stands rejected under 35 U.S.C. § 103(a) as unpatentable            
          over the references applied against claims 1 and 8, further in              
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