Ex parte WARTHEN et al. - Page 6




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


          “appreciably extend into the carpet pile,” not that they do                  
          not extend into the carpet pile at all.  Given that the blade                
          20' can extend into the carpet pile to some extent, we must                  
          agree with the examiner (answer, page 7) that the blade (20')                
          moving along the line to be cut will inevitably cut some of                  
          the pile elements which were bent by the immediately preceding               
          portion of the extension element (32) in MacDonald.  In                      
          contrast to appellants’                                                      




          position that MacDonald fails to disclose in any manner the                  
          formation of a two-sided cut wherein the pile elements                       
          adjacent to one side of the two-sided cut remain substantially               
          unsheared (brief, page 4), we note that there will clearly be                
          pile elements “adjacent” to one side of the two-sided cut seen               
          in Figure 1 of                                                               
          MacDonald, and in fact, “adjacent” to both sides of the cut,                 
          which remain substantially unsheared.  As an example, we note                
          that in appellants’ own Figure 5 there are clearly shown pile                
          elements “adjacent” cut edge (69), as well as pile elements                  
          “adjacent” cut edge (67), which are substantially unsheared,                 
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