Ex parte RATZEL et al. - Page 13




          Appeal No. 97-3703                                        Page 13           
          Application No. 08/110,349                                                  


          patent claim recites an alignment device for aligning the cut               
          dunnage section with the outlet opening of the cushioning                   
          dunnage conversion machine.  We also note that neither patent               
          claim 1 nor patent claim 15 recites any structure for                       
          supporting the dunnage during cutting or any apparatus                      
          downstream of the cutting assembly, such as a further                       
          processing station or conveyor or a post-cutting constraining               
          assembly.  As discussed above, the shear pan of Scott is used               
          to help guide and transfer product between a first conveyor                 
          and a second conveyor. Accordingly, in our opinion, Scott                   
          would not have suggested to one of ordinary skill in the art                
          provision of a                                                              
          transfer/alignment or anti-crushing device of the type                      
          disclosed therein on the apparatus recited in patent claim 1                
          or patent claim 15.                                                         
               We have also reviewed the teachings of Walker, Osmera and              
          Giordano but find nothing therein which would overcome the                  
          above-mentioned deficiency.  Accordingly, we cannot conclude,               
          on the basis of the teachings of the applied references, that               
          the claims on appeal are directed to obvious variants of the                
          subject matter of patent claims 1 and 15.                                   







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