Appeal No. 1998-0853
Application No. 08/381,364
BACKGROUND
The appellants' invention relates to a method for receiving discrete parts traveling at a
first speed and applying the parts to a web traveling at a different speed (specification, page 1).
An understanding of the invention can be derived from a reading of exemplary claim 1, which
appears in the appendix to the appellants' brief.
The prior art references of record relied upon by the examiner in rejecting the appealed
claims are:
Bosse 3,835,756 Sep. 17, 1974
Schroth et al. (Schroth) 4,608,115 Aug. 26, 1986
Suzuki et al. (Suzuki) 4,626,305 Dec. 2, 1986
Appellants' admitted prior art on page 1, lines 15-24, of the specification (the APA)
The following rejections are before us for review.2
(1) Claims 1-10 and 30 stand rejected under 35 U.S.C. § 103 as being unpatentable over3
Schroth in view of Bosse and the APA.
(2) Claim 68 stands rejected under 35 U.S.C. § 103 as being unpatentable over Schroth in
view of Bosse and the APA, as applied to claim 1 above, and further in view of Suzuki.
2These were new grounds of rejection set forth in the examiner's answer (Paper No. 15).
3As claim 30 depends from claim 68, it appears that the examiner's rejection of claim 30 as being
unpatentable over Schroth in view of Bosse and the APA, rather than as unpatentable over Schroth in view of Bosse,
the APA and Suzuki, was an inadvertent error. Thus, we interpret the examiner's rejection of claim 30 as being
based upon the combined teachings of Schroth, Bosse, the APA and Suzuki.
2
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