Ex parte MILLER - Page 8




          Appeal No. 95-3178                                                         
          Application 08/055,477                                                     


          or close , to the stop means, as required by claim 6.  Thus, the5                                                                  
          rejection of claim 6 under 35 U.S.C.  102(b) based upon the               
          Jaynes patent is not sustained.                                            


                    The rejection based upon the Markoe reference                    
               We sustain the rejection of method claim 8, but not the               
          rejection of claims 1 through 4, 6, and 7 under 35 U.S.C.                  
           102(b).                                                                  





                                   Method claim 8                                    
               Our review of the Markoe disclosure, and in particular the            
          perceived operation of the envelope sealing machine construction           
          of Figure 6 (translation, page 6) relied upon by the examiner,             
          indicates to us that the method steps of appellant's claim 8 are           
          anticipated thereby.                                                       
               In appellant's view (brief, page 4), the Markoe document              
          (the French reference) does not teach the step of applying a               
          rearward force to the leading edge (lower edge) of an envelope             

               Webster's New Collegiate Dictionary, G. &  C. Merriam Company,5                                                                    
          Springfield, Massachusetts, 1979.                                          

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