Ex parte DE DOMPIERRE et al. - Page 2




          Appeal No. 2001-0257                                       Page 2           
          Application No. 08/927,412                                                  


                                     BACKGROUND                                       
               The appellants' invention relates to a movable upper tool              
          for separation of blanks from a die-cut sheet.  A copy of the               
          claims under appeal is set forth in the appendix to the                     
          appellants' brief.                                                          


               The prior art reference of record relied upon by the                   
          examiner in rejecting the appealed claims is:                               
          Varidel et al. (Varidel)           5,353,978           Oct. 11,             
          1994                                                                        



               Claims 2, 3, 8, 14, 16 to 19, 21 and 22 stand rejected                 
          under 35 U.S.C. § 102(b) as being anticipated by or, in the                 
          alternative, under 35 U.S.C. § 103 as obvious over Varidel.                 


               Claims 5, 10, 20 and 23 stand rejected under 35 U.S.C. §               
          103 as being unpatentable over Varidel.                                     


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellants regarding the above-noted                
          rejections, we make reference to the final rejection (Paper                 







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