Ex parte AUGUSTO MARCHETTI - Page 6




          Appeal No. 95-2598                                                          
          Application 08/021,230                                                      



                    In this case, considering the examiner's rejection of             
          claims 1 and 3 under 35 U.S.C.  103, we must agree with                    
          appellant that neither Warshaw, nor Ulrich, taken alone or in               
          combination, discloses, teaches or suggests a tape sealing                  
          machine that has a tape feed assembly that is removable as a unit           
          from a vertically movable head, which includes a unit for                   
          supporting a roll of gum-coated paper tape, a tape control unit,            
          a tape                                                                      


          centering unit, a tape feed unit, a contrast unit, a tape                   
          shearing unit, a tape moistening unit, and a unit for applying              
          the moistened tape to said boxes, and which is disassembleable              
          into its individual constituent components (i.e., units), as                
          required in claim 1 on appeal.                                              


                    As best seen in Figures 1 and 2, Warshaw discloses an             
          apparatus for sealing foldable flaps of a parallelepiped box                
          (e.g., 20) with a tape (70), wherein the apparatus includes: a              
          supporting base (11); transporting belts (15) for moving boxes              
          along the supporting surface; a head beam (112) having a mounting           
          seat internally thereof and being vertically movable along column           
          (13) with respect to the supporting base; and at least one tape             
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