Ex parte TETHER et al. - Page 9




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



          subject matter as a whole to a person of ordinary skill in the              
          art, or any viable line of reasoning as to why such artisan                 
          would have otherwise found the claimed subject matter to have               
          been obvious in light of the teachings of the applied refer-                
          ences, we must refuse to sustain the examiner's rejections of               
          claims 1                                                                    
          and 3 through 20 under 35 U.S.C. § 103.                                     


                    In light of the foregoing, the decision of the                    
          examiner is reversed.                                                       


                    Under the authority provided us by 37 CFR §                       
          1.196(b), we enter the following new grounds of rejection                   
          against certain of the appealed claims.                                     


                    Claims 12, 13, 15, 16 and 18 are rejected under 35                
          U.S.C. § 102(b) as being anticipated by MacGregor.  In                      
          MacGregor                                                                   
          Figure 9, there is shown a document shredding machine which                 
          includes a rotary cutting member and a rotary anvil member                  

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