Appeal No. 1998-2358 Page 6
Application No. 08/396,243
Breski et al are primarily directed to a compactor
50,80, and do not suggest a forward tilt of the forms
collected.
Not only do Breski et al not provide any
suggestion to one of ordinary skill in the art to go
specifically against Cardenas' teachings and instead
provide the invention, even if Breski et al are
combined with Cardenas what is set forth in claim 1
does not insue since neither Breski et al nor
Cardenas teach the particular base including support
portions as recited in claim 1. [Pages 6 and 7.]
We are unpersuaded by the appellants' contentions. It is
true that Cardenas teaches a stacking device with the free ends
of the tines tilted upwardly (see, e.g., Fig. 1). Breski,
however, in the embodiment of Figs. 4-6 teaches that the stack
(and hence the tines) may be tilted downwardly in order that
the uppermost edge of the forms in the stack may be engaged by
a compacting fingers 102,102a (which are mounted on a
crankshaft 81) for the purpose of providing a sharply and
compactly folded stack of forms (see, generally, columns 1 and
2). A combined consideration of Cardenas and Breski would have
fairly suggested to one of ordinary skill in this art to
provide the stacker of Cardenas with downwardly extending tines
and compacting fingers as taught by Breski in the embodiment of
Figs. 4-6. Breski's stated purpose of "increasing the
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