Appeal No. 97-0608
Application 08/287,143
inserting a sheet of paperboard between a cutting cylinder
(1000) and an anvil or counter-cylinder (250), and cutting the
sheet of paperboard into a plurality of pieces (in the form of
packaging box blanks), we must agree with appellants that one
of ordinary skill in the art would not have viewed the packag-
ing box blanks of Barben as being "void fill material," or
have viewed the apparatus and process disclosed in Barben as
being in any way responsive to the process of manufacturing
void fill material as set forth in appellants' claims on
appeal.
Nor can we agree with the examiner's position that
the use of the packaging box blanks of Barben as void fill
material "would have been considered an obvious choice of use
of a final product to one of ordinary skill in the art" (an-
swer, page 5). Absent hindsight, one of ordinary skill in the
art simply would not have reasonably viewed the packaging box
blanks of Barben as being void fill material, nor reasonably
considered them for such a use. We view this position on the
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