Ex parte RATZEL et al. - Page 5




          Appeal No. 97-3703                                         Page 5           
          Application No. 08/110,349                                                  


          examiner.  As a consequence of our review, we make the                      
          determinations which follow.                                                
                                     Rejection 1                                      
               The examiner contends that Walker discloses the invention              
          as claimed except for the automatic alignment device (final                 
          rejection, page 3) and the appellants do not challenge this                 
          contention.  The examiner argues that                                       
               Scott teaches the use of such device (comprising an                    
               alignment member 25 and interconnecting members 37,                    
               38, 29) for the purpose of supporting a work piece                     
               during a cutting operation without crushing the work                   
               piece.  In view of Scott, it would have been obvious                   
               to one having ordinary skill in the art to provide                     
               Walker's device with an automatic alignment device                     
               in order to provide proper support of a work piece                     
               without crushing the work piece during a cutting                       
               operation [final rejection, page 3].                                   



               In the alternative, the examiner argues that it would                  
          have been obvious to provide the Walker device with a support               
          and alignment table as suggested by Scott for the reasons                   
          discussed above and, further:                                               
               [Scott] teaches in figure 2, and column 4, line 75                     
               through column 5, line 3, support 25, which serves                     
               as a guide to allow the cut workpiece to be aligned                    
               and positioned on transfer table 43, which stacks                      
               the workpiece on second conveyor 15.  Support 25 is                    







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