Ex parte HARDING et al. - Page 4




          Appeal No. 1999-2095                                                        
          Application 08/475,624                                                      


          of the steps of storing the generated signals and,                          
          consequently, retrieving the stored signals.                                


               With regard to the Tieden patent, appellants’ main                     
          argument is that this reference “does not show or suggest the               
          use of any diagnostic system (which stores information for                  
          later retrieval) in a cushioning conversion machine” (main                  
          brief, page 15).                                                            


               We have carefully considered appellants’ arguments                     
          supporting patentability of claims 7 through 11 and 25 through              
          29 over the combined teachings of the APA and Tieden.                       
          However, we are not persuaded that the rejection of these                   
          claims is improper.                                                         


               Although Tieden’s illustrated embodiment relates to so-                
          called numerically controlled machines (see, for example,                   
          column 1, lines 6-11), appellants do not expressly contend                  
          that this reference constitutes non-analogous art.  In any                  
          case, appellants’ invention and Tieden’s invention relate to                
          the same basic problem.  In appellants’ case, the problem                   

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