Appeal No. 1998-2032
Application No. 08/410,048
order to complement and coact with a pair of curved,
triangular, converging and conical surfaces improves
the reliable throughput of a cushioning machine
operation and was old and well known at the time the
invention was made, . . . [supplemental answer, page
4].
Reference is made to the examiner=s supplemental answer
for further details of his rejections.
We cannot sustain any of the standing rejections of
the appealed claims. Our reasons for this determination
follow.
Each of the Baldacci patents describes the forming
member as being an Aelongated bar like former member@ (see,
for example, column 6, lines 4-5 of the `999 Baldacci
patent). A Abar@ or Abar like member@ is normally not
regarded by those skilled in the art as being a plate. But
even assuming for the sake of argument that the elongated,
rectangular Abar like former member@ disclosed in the
Baldacci patents is a plate, the rejections of the appealed
claims are still untenable.
In this regard, each of the secondary references,
namely the `776 Ottaviano patent, the `613 Ottaviano patent
and the Komaransky patent fails to teach a former member in
4
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