Appeal 2007-1422
Reexamination Control 90/007,260
Patent 6,093,139
Sheldon’s specification states that “[v]arious mechanisms may be
provided for opening the grippers 12 in order to release the sheet. In the
particular construction illustrated, the cam 68 is provided with an elevation
97 which elevation is met by the roll 70 just as the grippers are to be
opened” (Sheldon, p. 5, ll. 46-52; emphasis added). Thus, Sheldon’s
grippers 12 satisfy Claim 5.
Claim 10 reads (Appendix A to the Brief):
Product cutting device according to claim 1, wherein said product
seizing element is actuated by a spring arrangement.
Sheldon discloses that “bar 42 … is supported on springs 44 in its
box” (Sheldon, p. 3, ll. 104-106; emphasis added). Furthermore, Sheldon
discloses that, in regards to the grippers 12, “ordinary spring rod
constructions are employed in connection with shafts 13 and 65 to cause the
rolls 67 and 70 to follow the configuration of the cams” (Sheldon, p. 5, ll.
58-62; emphasis added). Thus, both Sheldon’s hold down member 42 and
grippers 12 satisfy the further limitation of Claim 10.
Obviousness
“Section 103 forbids issuance of a patent when the differences
between the subject matter sought to be patented and the prior art are such
10
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