Ex Parte FUSS et al - Page 2



          Appeal No. 2002-1803                                                        
          Application 09/288,775                                                      

          shipping cartons and the like” (specification, page 1).                     
          Representative claims 1 and 8 read as follows:                              
               1.  In a machine for manufacturing packing cushions for use            
          in shipping cartons and the like: a chute, means for supporting             
          an elongated length of flexible plastic tubing coaxially about              
          the chute, means for drawing successive sections of the tubing              
          from the chute, means for introducing loose fill packing material           
          through the chute into a section of the tubing which has been               
          drawn from the chute, means for sealing the walls of the tubing             
          together along a transversely extending seal line above the loose           
          fill packing material to close the section and form a cushion,              
          and means for perforating the tubing along a transversely                   
          extending tear line between the section in which the cushion is             
          formed and the next successive section.                                     
               8. In a method of manufacturing packing cushions for use in            
          shipping cartons and the like, the steps of: positioning an                 
          elongated length of flexible plastic tubing about a chute,                  
          drawing a section of the tubing from the chute, introducing loose           
          fill packing material through the chute into the section of the             
          tubing which has been drawn from the chute, sealing the walls of            
          the tubing together along a transversely extending seal line                
          above the loose fill packing material to close the section and              
          form a cushion, perforating the tubing along a transversely                 
          extending tear line above the cushion, and repeating the process            
          to form a string of cushions separated by tear lines.                       
                                    THE PRIOR ART                                     
               The references relied on by the examiner as evidence of                
          obviousness are:                                                            
          Sperry                        4,938,007            Jul. 3, 1990             
          Hoover et al. (Hoover)        5,693,163            Dec. 2, 1997             




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