Ex parte MARX - Page 7




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


               Axer and Clark are relied upon by the examiner as                      
          describing combined guiding means and multi-die presses used                
          in apparatus for the production of pressed particle boards                  
          (Axer, Figure 5; Clark, Figure 1).  We note, as argued by                   
          appellant, that Axer and Clark are not directed to apparatus                
          used for forming three-dimensionally shaped paper products by               
          reshaping of thin paperboard blanks as claimed but, instead,                
          are directed to apparatus used for press-forming particulate                
          and/or fibrous materials into flat boards or sheets (Axer,                  
          column 1, lines 6-7; Clark, column 1, lines 27-32).  Thus,                  
          appellant argues that the Axer and Clark references constitute              
          non-analogous art.  See the brief at pages 4-6 and page 2 of                
          the Wnek declaration executed December 22, 1992.  Even if we                
          agreed with the examiner on this issue, we agree with                       
          appellant that the examiner’s proposed reasons for modifying                
          the Dowd apparatus are not derivable from the relied upon                   
          references or from any compelling scientific evidence.                      
               The examiner advances four reasons to justify why it                   
          would have been obvious to modify Dowd’s single die press                   
          apparatus to include the multi-die press of Axer and Clark.                 
          These reasons are:                                                          
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