Appeal No. 95-4515
Application No. 08/243,000
from rolls 14 through an apparatus. Simultaneously, a
plurality of spacer devices are fed across and between the
sheets and in a direction transverse to the feeding direction
of the sheets. Thereafter, the spacer devices are adhesively
bonded to the upper and lower sheets by the use of hot melt
adhesives (examiners answer, pages 2 and 3). Although the
examiner does not explicitly explain the shortcomings of
Hopper, the record before us is abundantly clear as the
examiner states that Hansen is relied upon as disclosing the
application of adhesive to opposed second edge of spacer
devices to secure the spacer devices to the two sheets in a
"sandwich-like construction."
Even if the examiner was correct in combining Hopper and
Hansen in the manner supra, the method created by combining
Hopper and Hansen would fall short of the method claimed in
claims 122 and 133, as each of the aforesaid claims requires
features that cannot be achieved by combining Hopper and
Hansen. Uniroyal Inc. v. Rudkin-Wiley Corp., 837 F.2d 1044,
1052, 5 USPQ2d 1434, 1439 (Fed. Cir.), cert. denied, 488 U.S.
825 (1988). Accordingly, we shall not sustain the
rejection of the examiner. The rejection before us contains
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