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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