Appeal No. 2006-1355 Παγε 4
Application No. 10/266,657
sustain this rejection as it is directed to claim 1 or claims 2 to 4 and 7 dependent
thereon.
We likewise will not sustain the rejection of claims 5 to 7 under 35 U.S.C.
§ 103 as being unpatentable over Simmons in view of Krauss. Claims 5 to 7 depend
from claim 1 and thus require that the support surface supports the packaging material
during cutting. The examiner relies on Simmons for teaching a support surface that
supports the packaging material during cutting. We have determined that Simmons
does not disclose a support surface that supports the packaging material during cutting.
The decision of the examiner is reversed.
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