Ex Parte SHEN et al - Page 2




          Appeal No. 2004-0170                                                        
          Application No. 09/288,450                                                  

          rolling mill” (specification, page 2).  Representative claim 1              
          reads as follows:1                                                          
               1.  A shear for subdividing an elongated product moving                
          longitudinally in a plane, said shear comprising:                           
               leader and follower blades mounted on rotors for rotation              
          about parallel axes located on opposite sides of said plane, said           
          blades being arranged to coact in a radially overlapping                    
          relationship at a cutting zone located between said axes and                
          spaced vertically from said plane, the radius of rotation of said           
          leader blade being longer than the radius of rotation of said               
          follower blade;                                                             
               means for continuously rotating said blades at equal angular           
          velocities, with said leader blade preceding said follower blade            
          in said cutting zone; and                                                   
               switch means located upstream of said cutting zone, said               
          switch means being operable in a first mode to direct said                  
          product along a path in said plane bypassing said cutting zone,             
          and being operable in a second mode in concert with one of said             
          rotors to deflect said product from said path and said plane into           
          said cutting zone for cutting by said blades into leading and               
          trailing segments, said blades being constructed and arranged to            
          further deflect a tail end of said leading segment away from said           
          plane while directing a front end of said trailing segment back             
          to said plane.                                                              
                                   THE PRIOR ART                                      
               The references relied on by the examiner to support the                
          final rejection are:                                                        
          Obinata                  4,202,230           May  13, 1980                  
          Omori et al. (Omori)     4,399,727           Aug. 23, 1983                  

               1 The terms “said path” in claim 15 (three occurrences, the            
          last of which should apparently be --said plane--) and “said                
          cutting zones” in claim 16 lack a proper antecedent basis.  These           
          informalities should be corrected in the event of further                   
          prosecution.                                                                
                                          2                                           





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