Ex parte MARX - Page 3




                 Appeal No. 1996-0208                                                                                                                   
                 Application 08/098,153                                                                                                                 


                 for receiving and transferring a single paper blank into the                                                                           
                 respective die cavity aligned therewith in each forming cycle;                                                                         
                 and wherein said guide means also includes a movable guide                                                                             
                 means for receiving each paper blank from the blanking means                                                                           
                 and for successively moving and transferring said paper blank                                                                          
                 into each of said stationary guide means, and said providing                                                                           
                 step also includes installing the movable guide means with an                                                                          
                 inlet end positioned in proximity to an outlet side of said                                                                            
                 blanking means and with an outlet end arranged so as to be                                                                             
                 successively movable into proximity with an infeed side of                                                                             
                 each said stationary guide means during each forming cycle.                                                                            
                          Prior art references relied upon by the examiner as                                                                           
                 evidence of obviousness are:                                                                                                           
                 Clark                    2,878,728           Mar. 24, 1959                                                                             
                 Axer et al. (Axer)                           3,824,058                                    Jul. 16, 1974                                
                 Dowd                     4,242,293                                                        Dec. 30, 1980                                
                          The appealed claim 14  stands rejected under 35 U.S.C. §3                                                                                       
                 103 as being unpatentable over the combination of Dowd, Axer                                                                           
                 and Clark.  We cannot sustain this rejection.                                                                                          
                                                                   BACKGROUND                                                                           
                          The subject matter on appeal relates to a method of                                                                           
                 converting (retrofitting) an existing forming apparatus (such                                                                          
                 as shown in the Dowd reference) which is used for the                                                                                  
                 production of  three-dimensionally shaped paper products such                                                                          
                 as paper plates.  The existing forming apparatus of the prior                                                                          

                          3The examiner’s statement of rejection in the answer at                                                                       
                 page 3 inadvertently refers to claim 1, not claim 14.                                                                                  
                                                                           3                                                                            





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