Appeal No. 1998-2032
Application No. 08/410,048
The following references are relied upon by the
examiner as evidence of obviousness in support of his
rejections under 35 U.S.C. ' 103:
Ottaviano (Ottaviano '776) 4,237,776 Dec. 9, 1980
Ottaviano (Ottaviano '613) 4,717,613 Jan. 5, 1988
Komaransky et al. (Komaransky) 4,750,896 Jun. 14, 1988
Baldacci (Baldacci '999) 4,884,999 Dec. 5, 1989
Baldacci (Baldacci '543) 5,061,543 Oct. 29, 1991
Baldacci (Baldacci '581) 5,188,581 Feb. 23, 1993
The following rejections are before us for review:
Claims 1-24 stand rejected under 35 U.S.C. ' 103 Aas
being unpatentable over Baldacci, `999, `581, or `543, in
view of Ottaviano, `776, or `613, or Komaransky@
(supplemental answer, page 3).
According to the examiner >s findings (see page 4 of
the supplemental answer), each of the Baldacci patents
discloses the invention defined in claims 1, 15 and 24
except for the recitation that the forming member is a
triangular plate. He nevertheless concludes:
It would have been obvious to one having ordinary
skill in the art at the time the invention was made to
combine the teachings of Baldacci with the teachings
of Ottaviano or Komaransky to improve a cushioning
machine operation by ensuring reliable throughput
since Ottaviano or Komaransky teach that utilizing a
triangular plate shape having curved edge surfaces in
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