Ex Parte RATZEL et al - Page 2




              Appeal No. 2002-1023                                                                Page 2                
              Application No. 09/387,399                                                                                


                                                   BACKGROUND                                                           
                     The appellants’ invention relates to a machine for making a cushioning product.                    
              An understanding of the invention can be derived from a reading of exemplary claim 7,                     
              which appears in the appendix to the Brief.                                                               
                     The prior art references of record relied upon by the examiner in rejecting the                    
              appealed claims are:                                                                                      
              Wright et al. (Wright)                    4,355,437                   Oct.  26, 1982                      
              Beierlorzer                               5,656,008                   Aug, 12, 1997                       
              Baumuller (EPO Application)1              0679504A1                   Nov. 02, 1995                       
                     Claims 7, 8, 11, 12, 39, 40, 42 and 56 stand rejected under 35 U.S.C. § 103(a)                     
              as being unpatentable over Baumuller in view of Beierlorzer.                                              
                     Claims 10 and 41 stand rejected under 35 U.S.C. § 103(a) as being                                  
              unpatentable over Baumuller in view of Beierlorzer and Wright.                                            
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                      
              the appellants regarding the above-noted rejections, we make reference to the Answer                      
              (Paper No. 11), and to the Brief (Paper No. 10) and Reply Brief (Paper No.14) for the                     
              appellants arguments thereagainst.                                                                        
                                                       OPINION                                                          
                     In reaching our decision in this appeal, we have given careful consideration to                    
              the appellants’ specification and claims, to the applied prior art references, and to the                 


                     1A translation of this foreign language reference is enclosed.                                     





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007