Ex parte MAKINEN - Page 5




                    Appeal No. 95-0900                                                                                                                                     
                    Application 07/947,117                                                                                                                                 


                    that advances adhesive bandages 32 consecutively upward for                                                                                            
                    contact with suction cup 31 (Kistner, column 3, lines 3-5).  The                                                                                       
                    hopper acts as a holding box for the bandages and does not                                                                                             
                    present an inclined planar surface.  Kistner does not show a                                                                                           
                    vertical stroke for the bandage pick up but the hopper achieves                                                                                        
                    the same function as a vertical stroke by advancing the bandages                                                                                       
                    upwardly to the suction cup.  Although not discussed by Kistner,                                                                                       
                    it appears that the vacuum arm 30 does move through a vertical                                                                                         
                    transfer when delivering the bandage to the first platen 15 (see                                                                                       
                    the dotted line movement of 30 in Figure 1 and column 3, lines 7-                                                                                      
                    13).                                                                                                                                                   
                              Trouteaud and Uchimura were applied by the examiner to show                                                                                  
                    vacuum clamps used in a labeling process wherein the clamp                                                                                             
                    element is rotatable between 115 to 165 degrees as required by                                                                                         
                    the relative positions of the label pick-up station and the label                                                                                      
                    application station (answer, page 5).  Heitmann was relied upon                                                                                        
                    by the examiner to show a water spraying device to activate the                                                                                        
                    adhesive side of the labels along a label transport path.   None                                                  3                                    
                    of these references applied in the rejections of claims 8, 9 and                                                                                       



                              3    Heitmann appears cumulative to Hannen, who teaches the use of a device                                                                  
                    23 to spray water onto the underside of the label 18 while it advances along its                                                                       
                    path (column 7, lines 13-17).                                                                                                                          
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