Ex parte SIMMONS - Page 2



               Appeal No. 1998-2032                                                                     
               Application No. 08/410,048                                                               


                     Appellant=s invention relates to a cushion-producing                               
               machine (also called a dunnage-creating machine on page 1                                
               of appellant=s specification) for producing cushions or                                  
               dunnage pads which are placed in shipping containers to                                  
               protect shipped articles.  The cushion-producing machine                                 
               includes a forming assembly (38) for forming a continuous                                
               strip of pillow-like cushioning pads or elements from                                    
               sheet-like stock material.  As disclosed, the forming                                    
               assembly comprises a forming member (38) coacting with                                   
               curved surfaces of a conically shaped chute (44) to roll                                 
               the lateral edges of the stock material inwardly.  All of                                
               the independent claims on appeal, namely claims 1, 15 and                                
               24, are limited to a forming assembly in which the forming                               
               member is a Atriangular plate.@                                                          

                        A correct copy of claims 1-14 and 16-24 is appended                             
               to appellant=s brief.  As a result of the amendment filed                                
               March 15, 1999 (see note 1 supra), the copy of claim 15 in                               
               appellant=s appendix is no longer correct.  This amendment                               
               deletes the word Athe@ from the phase Athe lateral edges of                              
               the stock material.@                                                                     

                                                                                                       
               rejection of the appealed claims under the second paragraph of ' 112 has                 
               been withdrawn.  See Ex parte Emm, 118 USPQ 180, 181 (Bd. App. 1957).                    
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