Appeal No. 1998-2037
Application No. 08/642,850
application, as amended subsequent to the final rejection.2
We REVERSE.
The appellant's invention relates to rotary cutting die
plates and their associated rules or cutting blades used in a
rotary cutting machine and, more particularly, to rule guards
for insuring the alignment of adjacent confronting cutting
dies when mounted on a cutting machine cylinder. A more
complete understanding of the invention can be derived from a
reading of exemplary claim 3, which appears as an attachment
to the amended brief filed on October 15, 1997 (Paper No. 10).
The prior art reference of record relied upon by the
examiner in rejecting the appealed claims is:
de Lanauze 4,012,978 Mar. 22, 1977
The following rejection is before us for review:3
claims 3 and 4 stand rejected under 35 U.S.C. § 102(b) as
being anticipated by de Lanauze.
Rather than reiterate the conflicting viewpoints advanced
While the examiner has approved entry of the amendment filed September2
15, 1997, to claims 3 and 4, we note that this amendment has not been
clerically entered. We also note that the amendment was given the same paper
number (Paper No. 8) as the brief filed September 15, 1997.
3The rejection of claims 3 and 4 under 35 U.S.C. § 112, second
paragraph, made in the final rejection has been withdrawn (answer, page 3).
2
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