Ex parte RATZEL et al. - Page 8




          Appeal No. 97-3703                                         Page 8           
          Application No. 08/110,349                                                  


          downwardly during the cutting operation to prevent the                      
          material from being crushed (column 3, lines 68 to 72).  As                 
          Walker permits the severed material to simply drop into a                   
          container below the cutting area and does not disclose any                  
          further processing or work station, aligned with the outlet of              
          the conversion machine, to which the severed material is                    
          transferred, there is no need for a transfer/alignment device               
          or anti-crushing mechanism such as the shear pan (25) of Scott              
          on the Walker device.  Accordingly, the teachings of Walker                 
          and Scott would not have suggested to one of ordinary skill in              
          the art provision of such a device on the Walker apparatus.                 
               As for Osmera, even if its teachings were combined with                
          Walker to provide a holding or support device to clamp the web              
          of packing material emitted from the Walker conversion machine              
          against the movable knife (20) during the cutting, such a                   
          combination would not suggest "an automatic alignment device                
          which automatically aligns the cut section with the outlet                  
          opening when said second blade is moved from said cutting                   
          position to said rest position" as required by claim 1.                     
          Specifically, Osmera teaches providing an air chamber for                   
          reducing the speed of the upward return movement of the                     







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