Appeal No. 97-0615
Application 08/359,664
device of Clark in light of the shoulder pad cutting machine
of Alfandari so as to arrive at the subject matter set forth
in appellant’s claims 1 and 18 on appeal. Given the critical
nature of the alignment between the masking flat (97) carrying
the image to be printed and the printing plate (99) in Clark
(see column 1 therein) and the importance of having the
operator confirm such
alignment, we see no way that one of ordinary skill in the art
would have been motivated to make a combination like that
suggested by the examiner. Moreover, we see no problem in
Clark
of the operator being exposed to a cutting operation as
mentioned in Alfandari, and thus no reason to employ the
receptor (36) of Alfandari in Clark, where the operator is
already shielded from the punches (44, 46). Thus, the
examiner's rejection of
appellant's claims 1 through 7, 18 and 19 under 35 U.S.C. §
103 based on Clark and Alfandari will not be sustained.
We have also reviewed the patent to Hymmen applied by the
examiner in the § 103 rejection of dependent claims 8 and 20.
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