Ex Parte Nokelainen - Page 6



                 Appeal No. 2006-1956                                                                                     
                 Application No. 09/935,917                                                                               

            1    positioning of the slitter and/or perforator housings (col. 2, ll. 57-61).  In                           
            2    other words, Carter’s slitter/perforator permits the user to select sheets to be                         
            3    slit and/or perforated while the sheets are moving through the machine.                                  
            4                                                                                                             
            5                                         ANALYSIS                                                            
            6            The first issue before us is whether it would have been obvious to                               
            7    combine the references as proposed by the Examiner.  If such combination                                 
            8    would have been obvious, the second issue is whether the combination                                     
            9    would result in the subject matter of Appellant’s claims, in particular, a                               
           10    method or perforator for selecting sheets of a group for perforation as the                              
           11    group is successively moving through a perforation device.                                               
           12            Moll and Hayamizu disclose two different types of paper cutting.                                 
           13    Moll cuts in the sense of perforating while Hayamizu cuts in the sense of                                
           14    severing.  Nevertheless, Moll and Hayamizu both disclose apparatus and                                   
           15    methods for cutting paper in pre-programmed customized patterns that can                                 
           16    be varied using a single apparatus.  In Moll, the user programs the apparatus                            
           17    by inputting the distance from the edge of the paper at which the perforation                            
           18    is to begin, the length of the line of perforation and the overall length of the                         
           19    sheet.  In Hayamizu, on the other hand, the pattern for cutting is                                       
           20    programmed onto the paper itself, in the form of bar codes 7 that contain                                
           21    instructions for the cutting apparatus.                                                                  
           22            Appellant points out differences between Moll and Hayamizu.  As                                  
           23    noted above, Moll perforates while Hayamizu severs.  Moll processes sheets                               
                                                            6                                                             



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