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.2dPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007