Ex parte SIMMONS et al. - Page 9




          Appeal No. 1999-2132                                       Page 9           
          Application No. 08/672,856                                                  


               The “drive rollers” referred to by the examiner are                    
          actually described by Tekavec as gear assembly 54.  As                      
          indicated supra, the gear assembly 54 performs two disclosed                
          functions, namely, it pulls the stock material 22 through the               
          machine and it deforms or coins the stock to form the                       
          cushioning pad.  Like appellants (brief, page 10), we know of               
          no reason why one of ordinary skill in the art would have                   
          disposed additional coining gears along the arcuate path                    
          defined by the post-cutting constraining assembly 58, after                 
          the pad has been completely formed and severed into a desired               
          length, absent the teachings in appellants’ specification.                  


               While Mistyurik does teach a series of upper and lower                 
          rollers  disposed about an arcuate path for conveying labels3                                                                    
          from a printer to a stacker device, we know of no reason why                
          one of ordinary skill in the art would have combined the                    
          label-input conveyer 14 with a cushioning conversion machine                
          or rearranged the spacing between the upper rollers 42 and the              

               We have some difficulty describing the rollers 42 of Mistyurik as3                                                                     
          “drive elements” (e.g., claim 1), since Mistyurik specifically teaches that 
          rollers 42 are not powered for rotation by motor 31. Instead, rollers 42 are
          rotated by frictional engagement with driven rollers 22 and 27.             







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