Ex parte TETHER et al. - Page 4




          Appeal No. 97-0608                                                          
          Application 08/287,143                                                      



                    handle and dispense from a hopper assembly,                       
                    and is inexpensive compared to many void                          
                    fill materials.  Additionally, this mate-                         
                    rial does not possess the detrimental side-                       
                    effects of releasing oils, ink or residue                         
                    onto the packaged material or attracting                          
                    insects like cornstarch or popcorn void                           
                    fill materials.                                                   
                                                                                     
                                                                                     
                    Claims 1, 12 and 16 are representative of the sub-                
          ject matter on appeal and a copy of those claims, as they                   
          appear in Exhibit A of appellants' brief, is attached to this               
          decision.                                                                   


                    The prior art references of record relied upon by                 
          the examiner in rejecting the appealed claims are:                          
          Reba et al. (Reba)              4,499,801          Feb. 19,                 
          1985                                                                        
          Barben et al. (Barben)          5,027,509          July  2,                 
          1991                                                                        


                    Prior art references applied by this panel of the                 
          Board in new rejections of certain of the appealed claims                   
          under 37 CFR § 1.196(b) are:                                                
          Kesten                   3,766,814                Oct. 23,                  
          1973                                                                        
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