Ex parte SIMMONS - Page 17




          Appeal No. 1997-0595                                      Page 17           
          Application No. 08/154,911                                                  


          teaches that web material is engaged by the conveyor 32 prior               
          to the cutting operation.                                                   


          Claims 1 to 6, 10 and 12-17                                                 
               The examiner determined (answer, p. 4) that it would have              
          been obvious at the time the invention was made to a person                 
          having ordinary skill in the art to have modified "the dunnage              
          production mechanism of Ottaviano by adding the Engel conveyor              
          to transfer dunnage away from the cutting assembly."  We                    
          agree.  In fact, the appellant has admitted (specification, p.              
          3) that typically, the cut pad from a machine such as                       
          disclosed by Ottaviano '776 is transferred downstream to a                  
          table, conveyor belt, or bin.                                               


               Implicit in this rejection is the examiner's view that                 
          the above noted modification of Ottaviano '776 would result in              
          an apparatus which corresponds to the apparatus recited in                  
          claims 1 to 6, 10 and 12 and a method which corresponds to the              
          method recited in claims 13-17 in all respects.                             










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