Ex parte VOLLENWEIDER - Page 3




               Appeal No. 1998-2179                                                                          Page 3                 
               Application No. 08/433,231                                                                                           


               2.      Claim 13 stands rejected under 35 U.S.C.  103 as being unpatentable over Newsome                            
               in view of Reist, as applied to claims 12, 19 and 20 above, and further in view of Schall.                           
               3.      Claims 1-11, 14-18 and 21-23 stand rejected under 35 U.S.C.  103 as being                                   
               unpatentable over Newsome in view of Reist, Schall and Shimanis.                                                     
                       Reference is made to the brief (Paper No. 17) and the answer (Paper No. 18) for the                          
               respective positions of the appellant and the examiner with regard to the merits of these                            
               rejections.                                                                                                          
                                                            OPINION                                                                 
                       In reaching our decision in this appeal, we have given careful consideration to the                          
               appellant's specification and claims, to the applied prior art references, and to the respective                     
               positions articulated by the appellant and the examiner.  As a consequence of our review, we                         
               make the determinations which follow.                                                                                
                       Newsome discloses an apparatus which takes stacks of pre-formed, stored printed                              
               signatures and forms them into a uniform shingle, running at extremely high velocity, for                            
               transport into a processing device (abstract) and teaches that running shingles have been formed                     
               as a convenient way of transporting signatures from one location to another and into further                         
               processing devices "such as quarter-folders (to make a double-folded signature), to labeling                         
               machines, to stackers, etc." (column 1, lines 29-33).  The Newsome apparatus comprises a first                       
               conveyor (belts B1, B2, B3) onto which stacks 10 of signatures are loaded by a human                                 









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