Appeal No. 1998-0514
Application 08/523,907
The references of record relied upon by the examiner in
support of a rejection under 35 U.S.C. § 103 are:
Gomi et al. (Gomi) 5,061,533 Oct. 29, 1991
German Patent 2 8,900,516 Apr. 20, 1989
The Examiner’s Rejection
Claims 1-5 and 9 stand rejected under 35 U.S.C. § 103 as
being unpatentable over the German reference 8,900,516
(hereinafter, German ‘516) in view of Gomi.
The rejection is explained in the examiner’s answer
(Paper No. 22, mailed September 17, 1997).
Discussion of Applied References
German ‘516, the examiner’s primary reference, appears to
be appellants’ prior art jumping off point and is discussed in
the “Background of the Invention” section of the specification
(pages 1-2). This discussion is reproduced below for the
reader’s convenience:
A cross cutter is known in the art from German
Utility Model DE-GM 89 00 516, wherein pipe-shaped
2Our understanding of this German language reference is
derived from a discussion of this reference in the
“Background” section of appellants’ specification, and from a
translation of this reference prepared in the Patent and
Trademark Office, a copy of which is appended to this opinion.
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