Ex parte WARTHEN et al. - Page 2




          Appeal No. 97-4048                                                           
          Application 08/371,934                                                       


          final rejection in a paper filed April 19, 1996 (Paper No. 8).               
          Claims 1 through 17 and 23 have been canceled.  Claims 24                    
          through 26, the only other claims remaining in the                           
          application, stand allowed.                                                  

          The subject matter on appeal is directed to a method for                     
          cutting a piled fabric such as carpet or carpet tiles.                       
          Independent claims 18 and 19 are representative of the subject               
          matter on appeal and a copy of those claims may be found in                  
          the Appendix to appellants’ brief.                                           

          The prior art references relied upon by the examiner in                      
          rejecting the appealed claims are:                                           
          Rummer                   4,041,818                 Aug. 16, 1997             
          MacDonald                     5,209,148                 May  11,             
          1993                                                                         

          Claim 18 stands rejected under 35 U.S.C. § 102(e) as                         
          being anticipated by MacDonald.                                              

          Claim 19, 21 and 22 stand rejected under 35 U.S.C. §                         
          102(b) as being anticipated by Rummer.                                       


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