Ex parte SIMMONS et al. - Page 14




          Appeal No. 1999-2132                                      Page 14           
          Application No. 08/672,856                                                  


          with the appellants that the applied prior art provides no                  
          suggestion to place such rollers downstream of the severing                 
          means 30.  Even if a suggestion to do so did exist, we fail to              
          understand how the rollers disclosed in Reichental would be                 
          capable of transferring a pad from a cushioning conversion                  
          machine without destroying the already formed pad.                          
          Specifically, we do not understand and the examiner has not                 
          explained how a finished pad, such as shown in Reichental’s                 
          Figure 8, could be passed through embossing rollers 22,                     
          separating rollers 25 and combining rollers 26 without                      
          destroying the finished pad and/or jamming or destroying the                
          various pairs of rollers.                                                   


               In view of the above, we will not sustain the standing §               
          103 rejection of claims 1, 2, 5 through 10, 12, 13, 20 and 21               
          based on Tekavec in view of Reichental.                                     


                                       SUMMARY                                        
               The rejection of claims 1 through 13, 20 and 21 under 35               
          U.S.C. § 103 as being unpatentable over Tekavec in view of                  
          Mistyurik is reversed.                                                      







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