Ex parte SIMMONS - Page 2




          Appeal No. 1998-0795                                                        
          Application No. 08/482,639                                                  


          Thus, the appealed claims are the only claims remaining in the              
          application.                                                                


               The claimed invention is directed to an article for                    
          providing cushioning during shipping.  The article is                       
          comprised of multiple plies, one or two plies of which are                  
          wrapped around other plies which have been shaped to form a                 
          pillow-like product.  The claimed subject matter may be                     
          further understood with reference to the appealed claims, the               
          independent claims of which are appended to the reply brief                 
          and the examiner's supplemental answer.                                     
               The reference of record relied upon by the examiner as                 
          evidence of anticipation is:                                                
          Krueger                       5,330,819                Jul. 19,             
          1994                                                                        
                                     REJECTIONS                                       
               Claims 46 and 54 stand rejected under 35 U.S.C.  102(b)               
          as anticipated by Krueger.                                                  
               Claims 48, 50 through 53 and 55 through 58 stand rejected              
          under 35 U.S.C.  112, first paragraph.                                     
                                       OPINION                                        

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