Appeal No. 2000-1025
Application No. 08/726,643
alternatingly crumpling the band longitudinally on
first one side of the longitudinal axis of the band and then
on the other side of the longitudinal axis of the band to
form pleats in the band; and
connecting the pleats in the band by compressing
the band through the thickness of the band.
13. Cushioning dunnage made according to any of claims
1-12.
The references relied upon by the examiner as evidence of
obviousness are:
Ottaviano 4,085,662 Apr. 25, 1978
Baldacci et al. (Baldacci) 4,937,131 Jun. 26, 1990
Givens 5,143,776 Sep. 1, 1992
All of the claims on appeal stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Ottaviano in view of Givens,
and alternatively, claim 6 stands correspondingly rejected over
these references and further in view of Baldacci. On pages 4 and
5 of the answer, the examiner expresses his basic position as
follows:
[T]he Examiner[’]s position is that it would have been
obvious to one of ordinary skill in this art to employ the
conventional, documented, alternative sinusoidal adhesive
pattern/application technique of GIVENS in the process of
OTTAVIANO in place of the corresponding, analogous straight
line adhesive pattern (which may be continuous or
discontinuous)/application technique employed therein; mere
substitution of one known adhesive pattern/application
technique used in the bonding/joining of cellulosic (e.g.[,]
paper) substrates for another involved. Further along this
line (and the foregoing GIVENS reference notwithstanding),
3
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