Ex Parte RATZEL et al - Page 2




             Appeal No. 2001-1916                                                             Page 2               
             Application No. 09/189,551                                                                            


                                                 BACKGROUND                                                        
                    The appellants' invention relates to a cushioning conversion machine and                       
             method in which the cross-sectional geometry of a pad may be selectively varied                       
             (specification, p. 1).  A copy of the claims under appeal is set forth in the appendix to             
             the appellants' brief.                                                                                


                    The prior art references of record relied upon by the examiner in rejecting the                
             appealed claims are:                                                                                  
             Mugnai                            4,671,047                         June   9, 1987                    
             Armington et al.                  5,322,477                         June 21, 1994                     
             (Armington)                                                                                           



                    Claims 1 to 5, 9 to 14, 41, 42, 47, 48, 59 to 62 and 68 stand rejected under                   
             35 U.S.C. § 103 as being unpatentable over Armington in view of Mugnai.                               


                    Rather than reiterate the conflicting viewpoints advanced by the examiner and                  
             the appellants regarding the above-noted rejection, we make reference to the answer                   
             (Paper No. 17, mailed November 17, 2000) for the examiner's complete reasoning in                     
             support of the rejection, and to the brief (Paper No. 16, filed October 13, 2000) and                 
             reply brief (Paper No. 18, filed January 19, 2001) for the appellants' arguments                      
             thereagainst.                                                                                         







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