Appeal No. 97-3990
Application 08/531,069
this art would have been motivated to feed Curtis' sheet
having spaced cuts therein (that is intended to subsequently
be expanded into a mesh-like sheet) into a "wave forming
guide" as taught by the Parker patents (wherein narrow strips
are folded, crimped and compressed so as to form a resilient
packing member of a generally zig-zag configuration). As the
court in Uniroyal, 837 F.2d at 1051, 5 USPQ2d at 1438 stated:
"it is impermissible to use the claims as a frame and the
prior art references as a mosaic to piece together a facsimile
of the claimed invention."
Moreover, even if the references were combined in the
manner proposed by the examiner, there is nothing in the
relied on prior art which suggests "waste-collecting members"
or strippers having projections and recesses formed on edge
portions thereof as expressly required by claim 9. With
respect to this limitation the examiner relies on "waste-
collecting members 240,244,248,250 (best shown in '352 or '259
Figures 10 and 12 . . . ." While the examiner is correct in
noting that these elements function as waste collecting
members or strippers, they do not have projections and
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