Ex parte SIMMONS - Page 18




          Appeal No. 1997-0595                                      Page 18           
          Application No. 08/154,911                                                  


               The appellant argues that since the present invention is               
          directed toward eliminating shingling and that Engel's system               
          results in the formation of a series of overlapped sheets "it               
          would not have been obvious to incorporate the Engel conveyor               
          system into the Ottaviano cushioning conversion machine."  We               
          find this argument unpersuasive since all of the features of                
          the secondary reference need not be bodily incorporated into                
          the primary reference (see In re Keller, supra, at 642 F.2d                 
          425, 208 USPQ 881) and the artisan is not compelled to blindly              
          follow the teaching of one prior art reference over the other               
          without the exercise of independent judgment (see Lear                      
          Siegler, Inc. v. Aeroquip Corp., 733 F.2d 881, 889, 221 USPQ                
          1025, 1032 (Fed. Cir. 1984)).  It is our opinion that the                   
          combined teachings of the applied prior art would have made it              
          obvious at the time the invention was made to a person having               
          ordinary skill in the art to have mounted a conveyor to the                 
          frame 24 of Ottaviano '776 at the exit opening 74 thereof so                
          that the cut pad-like dunnage would be conveyed away from the               
          cutter mechanism 76 of Ottaviano '776 based upon it being well              
          known in the art as shown by Engel to convey a cut product                  
          away from the cutter mechanism.                                             







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