Appeal No. 1997-0595 Page 10
Application No. 08/154,911
The appellant argues that claim 3 is not anticipated by
Johnson since Johnson's rod 148 does not (1) "frictionally
engage the strip prior to it being cut," and (2) "frictionally
transfer the cut pad away from the cutting assembly." We do
not agree.
In our view, the claimed "pad-transferring assembly" of
claim 3 is readable on Johnson's guide rod 148. In that
regard, Johnson's guide rod 148 is clearly mounted to a frame
downstream of the cutter mechanism 152 and acts to transfer
the cut strip away from the cutter mechanism 152. In
addition, as shown in Figure 19, Johnson's guide rod 148
frictionally engages the strip 104 prior to it being cut and
then acts to frictionally transfer the cut piece of strip 104
away from the cutter mechanism 152 and towards the receptacle
150. 5
5We agree with the examiner's view (answer, p. 9) that
friction exists between the guide rod 148 and the strip 104
both prior to the strip being cut by cutter mechanism 152 and
after the strip has been cut.
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