Ex parte GUNDLACH et al. - Page 6




               Appeal No. 1998-2415                                                                         Page 6                
               Application No. 08/751,798                                                                                         


               McBrady's blade, which comprises one flat side (12) and three contiguous and successive beveled                    

               surfaces (14, 16, 18) extending from the extremity of the flat side, achieves both smooth severing of              

               each slice and accurate lay-down of each slice.  The angle (A) between the first beveled surface (14)              
                                                                  o   o                    o                                     
               and the flat side (12) "should be between about 27 -33  and is preferably 30 "; the angle (B) of the               

               second beveled surface (16) relative to an imaginary plane (P) parallel to the flat side (12) should be            
                                 o   o              o                                                                             
               between about 12 -18 , preferably 15 , and the angle (C) of the third beveled surface (18) relative to             
                                                                  o        o             o                                        
               the imaginary plane (P) should be between about 5  and 11 , preferably 8  (column 2, lines 34-44) .                

               McBrady discloses that it is essential that the afore-mentioned angles fall within the stated ranges               

               (column 2, lines 33-34).                                                                                           

                      The examiner (final rejection, page 4) asserts that it would have been obvious to provide a                 

               blade on the Scheflow rotary slicer having, inter alia, a top flat surface and a first bevel surface               

               extending from the peripheral cutting edge of the blade defining, relative to the top flat surface, a              
                                                  o             o                    o             o           o              
               primary angle of between about 35  and about 60 , or between about 47  and about 55  or about 50                   
               ± 0.5  in order to smoothly sever and accurately lay each slice as taught by McBrady.  Further,o                                                                                                             

               according to the examiner, it would have been obvious to slice "the food sticks of luncheon meat as                

               specifically recited in the claims since the modified apparatus would perform equally well on such similar         

               food sticks" (final rejection, page 6).                                                                            











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