Ex parte RATZEL et al. - Page 6




          Appeal No. 97-3703                                         Page 6           
          Application No. 08/110,349                                                  


               moved downward as the movable blade moves into [its]                   
               cutting engagement with the stationary blade.  This                    
               movement prevents the workpiece from being crushed                     
               during cutting.  As the cutting blade moves into                       
               [its] rest position, the support 25 likewise returns                   
               to [its] upper limit of movement, which allows the                     
               workpiece to be pushed along the surface of support                    
               25 into engagement with transfer table 43, after the                   
               cutting has taken place.  It would have been obvious                   
               to one of ordinary skill to have provided Walker                       
               with a support and alignment table as taught by                        
               [Scott], in order to prevent damage to the workpiece                   
               due to misalignment with the next structure in the                     
               device [answer, pages 4 and 5].                                        
               The examiner relies on Osmera for its teaching to couple               
          a holding device with a movable shear for rectilinear movement              
          therewith and concludes that it would have been obvious, in                 
          view of this teaching, to couple an alignment device to                     
          Walker's movable blade for rectilinear movement in order to                 
          provide support for the wadding during a cutting operation                  
          without crushing and tilting the wadding (final rejection,                  
          page 3).                                                                    


               The test for obviousness is what the combined teachings                
          of the references would have suggested to one of ordinary                   
          skill in the art.  See In re Young, 927 F.2d 588, 591, 18                   
          USPQ2d 1089, 1091 (Fed. Cir. 1991) and In re Keller, 642 F.2d               








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