Ex parte WARTHEN et al. - Page 7




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


          and that similar substantially unsheared pile elements would                 
          also be  “adjacent” the two sides of the cut in MacDonald.                   

          Thus, having considered appellants’ arguments and having                     
          given claim 18 its broadest reasonable interpretation                        
          consistent with appellants' specification, we conclude that                  
          the subject matter of claim 18 on appeal is anticipated by                   
          MacDonald. Accordingly, the examiner’s rejection of claim 18                 
          under 35 U.S.C. § 102(e) as being anticipated by MacDonald is                
          sustained.                                                                   

          We next review the examiner’s rejection of claim 19 as                       
          being anticipated by Rummer.  Rummer discloses a system and                  
          method                                                                       


          (e.g., col. 5, lines 1-24) for cutting a carpet web into                     
          sample pieces, with each of the sample pieces having chamfered               
          edges so as to avoid unraveling of the nap (col. 1, lines 16-                
          19).  For the reasons advanced by the examiner on pages 8 and                
          9 of the answer,                                                             
          we are in agreement that claim 19 on appeal is readable on the               
          chamfer cutting stroke in Rummer.  Accordingly, we incorporate               
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