Ex parte WARTHEN et al. - Page 5




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


          line to be cut), and b) cutting through the pile elements bent               
          in step a) and the underlying base portion in a direction                    
          generally normal to said base portion along said line to be                  
          cut, thereby partially shearing the pile elements bent                       
          downward in step a) along said                                               




          line to be cut such that a two-sided cut is formed wherein the               
          pile elements adjacent to one side of the cut remain substan-                
          tially unsheared.  As has been noted by the examiner (answer,                
          page 6), claim 18 does not necessarily require that the pile                 
          elements remain bent during the cutting step, but only that                  
          the pile elements which are cut in step b) are those which                   
          were bent in step a), which pile elements may now remain                     
          partially bent or have returned to their upright position.                   

          Appellants’ assertion (brief, page 4) that the disclosure                    
          of MacDonald (col. 6, lines 16-19) concerning the size of the                
          cutting blade would preclude the blade 20' from performing the               
          partial shearing feature recited in claim 18, is unpersuasive.               
          MacDonald merely indicates that the blades (20, 20') do not                  

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