Ex Parte Simmons - Page 2




               Appeal No. 2005-1980                                                                          Page 2                  
               Application No. 10/373,385                                                                                            



                                                         BACKGROUND                                                                  
                       The appellant's invention relates generally to a dunnage conversion machine and                               
               method for producing a dunnage product from sheet stock material, and more                                            
               particularly, to an improved machine and method for producing a void-fill dunnage                                     
               product from a sheet stock material (specification, p. 1).  A copy of the dependent                                   
               claims under appeal is set forth in the appendix to the appellant's brief.  Claims 1 and                              
               31, the independent claims under appeal, read as follows:                                                             
                       1.      A dunnage conversion machine for converting sheet stock material into                                 
                       dunnage product, comprising a forming assembly and a feeding/fixing assembly                                  
                       downstream of the forming assembly, the feeding/fixing assembly advancing the                                 
                       sheet a stock material from a supply thereof along the forming assembly,                                      
                       whereby the feeding/fixing assembly cooperates with the forming assembly to                                   
                       cause inward folding and crumpling of lateral edge portions of the sheet stock                                
                       material to form a strip of dunnage having laterally spaced apart folded edge                                 
                       portions, wherein the feeding/fixing assembly includes laterally spaced-apart                                 
                       feeding/fixing members that engage respective laterally spaced apart folded                                   
                       edge portions to feed the sheet stock material through the machine and to fix the                             
                       folded edge portions in a folded state.                                                                       
                       31. A dunnage conversion machine for converting sheet stock material into a                                   
                       dunnage product, comprising a conversion assembly for withdrawing the sheet                                   
                       stock material from a supply thereof and inwardly folding and crumpling lateral                               
                       edge portions of the stock material to form a strip of dunnage having laterally                               
                       spaced apart folded crumpled edge portions.[1]                                                                

                       1The examiner should determine if the "conversion assembly" limitation of claim                               
               31 invokes means-plus-function treatment.  If the "conversion assembly" limitation of                                 
               claim 31 invokes means-plus-function treatment the examiner should determine if claim                                 
               31 is a "single means claim."                                                                                         
                                                                                                      (continued...)                 







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