Appeal No. 98-0009
Application No. 08/538,414
teachings of the two references in the first place. First,
basic to the Hoffman system is the initial lateral movement
apart of the two sets of blades (Figures 4-6), which would be
destroyed if the ends of the blades were to be attached
together. Thus, to convert to the LaBounty system would
destroy the Hoffman invention. Second, considering that
LaBounty does not teach cutting with the end plate that
connects the two parallel plates, there would be no purpose in
providing a pair of scissor blades attached together to cut
out each of the package end clips, in place of the single pair
of blades disclosed by Hoffman.
For the above-stated reasons, it is our conclusion that
the combined teachings of Hoffman and LaBounty fail to
establish a prima facie case of obviousness with regard to the
subject matter
recited in claim 1, and therefore we will not sustain this
rejection of claims 1-3.
Claim 4 is broader than claim 1, in that it does not
require that the ends of the parallel plates be attached
together by an end plate upon which a cutting edge is mounted.
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