Ex parte POLONI - Page 2




                     Appeal No. 97-1035                                                                                                                                                
                     Application 08/217,657                                                                                                                                            


                                The invention relates to high speed flying shears for                                                                                                  
                     cutting rolled stock issuing from a rolling mill stand.  A                                                                                                        
                     copy of the claims on appeal appears in the appendix to the                                                                                                       
                     appellant’s main brief (Paper No. 15).                                                                                                                            
                                The references relied upon by the examiner as evidence of                                                                                              
                     obviousness are:                                                                                                                                                  
                     Willard                        3,478,654        Nov. 18, 1969                                                                                                     
                     Elsner et al. (Elsner)         4,176,535        Dec.  4, 1979                                                                                                     
                     Duri                           4,644,773        Feb. 24, 1987                                                                                                     
                     Poloni                         4,966,060        Oct. 30, 1990                                                                                                     
                                The claims stand rejected under 35 U.S.C. § 103 as                                                                                                     
                     follows:3                                                                                                                                                         
                                a) claims 2 and 5 through 8 as being unpatentable over                                                                                                 
                     Poloni in view of Elsner;                                                                                                                                         
                                b) claim 3 as being unpatentable over Poloni in view of                                                                                                
                     Elsner, and further in view of Willard; and                                                                                                                       
                                c) claims 9 and 10 as being unpatentable over Poloni in                                                                                                
                     view of Elsner, and further in view of Duri.                                                                                                                      
                                Reference is made to the appellant’s main and reply                                                                                                    


                                3 The examiner has withdrawn the 35 U.S.C. § 112, second                                                                                               
                     paragraph, rejection which was set forth in the final                                                                                                             
                     rejection (see the advisory action dated March 28, 1996, Paper                                                                                                    
                     No. 12).                                                                                                                                                          
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