Ex parte TETHER et al. - Page 13




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



          would have been obvious to one of ordinary skill in the art                 
          that the small pieces of scrap material may be                              


          considered to be "void fill material," and to so use the small              
          scrap pieces resulting from the process in Kesten.                          


                    Regarding the requirement in appellants' claims 1                 
          and 20 that the pieces of void fill material be "capable of                 
          forming [or of possessing] an interlocking relationship with                
          other sections of other of said pieces of void fill material,"              
          we note that the configuration of the scrap pieces in Kesten                
          exiting from the cutting elements (14), as seen in Figure 1,                
          will inherently possess this capability.                                    


                    In addition to the foregoing references applied by                
          this panel of the Board in the new grounds of rejection above,              
          we direct the examiner's attention to Bishop (U.S. Patent                   
          No. 3,381,563) for another rotary cutting apparatus and                     
          process which produces small irregular, interlocking pieces of              
          material from a web or sheet of material.  Again, we consider               

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