Ex parte MORRIS - Page 2




          Appeal No. 98-2109                                                          
          Application No. 08/500,315                                                  


          that, as to the other claims remaining in the application,                  
          claims 21 to 24 are allowed, and claims 4, 20 and 25 would be               
          allowable if rewritten in independent form.                                 
               The subject matter in issue is exemplified by claim 1,                 
          the only independent claim on appeal, which reads (emphasis                 
          added):                                                                     
                    A liquid-jet cutting device comprising:                           
                              a cutting element for emitting a                        
                         liquid-jet stream to cut a product located                   
                         upon a product support surface;                              
                              an assembly for moving the cutting                      
                         element between a cutting position located                   
                         a cutting distance, within a cutting range,                  
                         from the product and an idle position                        
                         located an idle distance from the product                    
                         support surface; and                                         
                              a deflector disk, located proximate                     
                         the idle position of the cutting element,                    
                         to deflect the liquid-jet stream when the                    
                         cutting element is moved to the idle                         
                         position.                                                    

               The reference applied in the final rejection is:                       
          Driver                   5,318,395                     Jun. 7,              
          1994                                                                        
               Claims 1 to 3, 5 and 9 to 11 stand finally rejected as                 
          being anticipated by Driver, under 35 U.S.C. § 102(b).                      



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