Ex parte SIMMONS, JR. et al. - Page 6




          Appeal No. 2001-0553                                                        
          Application 09/218,910                                                      


          different film sensing, feeding and braking apparatus of the                
          wrapping machine in Stanford.                                               


          Like appellants, we consider that the modification of                       
          Armington’s stock roll cart urged by the examiner is merely a               
          hindsight reconstruction based on the impermissible use of                  
          appellants’ own disclosure and teachings as a blueprint for                 
          piecing together the relied upon prior art.  In that regard,                
          we are in general agreement with appellants’ arguments as                   
          presented in their brief (pages 16-20) and reply brief.  Thus,              
          we will not sustain the examiner’s rejection of claims 1                    
          through 24, 25 and 30 under 35 U.S.C. § 103(a) as being                     
          unpatentable over Armington in view of Stanford.                            





          We have also reviewed the patent to Block applied by the                    
          examiner along with Armington and Stanford against claims 26                
          through 29 on appeal, but find nothing therein that provides                
          for the deficiencies we have found in the examiner’s attempted              


                                          6                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007