Appeal No. 2001-1916 Page 6
Application No. 09/189,551
change the width of the strip, which device is adjusted to control the width of the strip as
recited in claim 41.
For the reasons set forth above, the decision of the examiner to reject claims 1,
41, 59 and 68, and claims 2 to 5, 9 to 14, 42, 47, 48 and 60 to 62 dependent thereon,
under 35 U.S.C. § 103 is reversed.
REMAND
We remand the application to the examiner for the following actions:
(1) determine if the clause "a device which controls the width of the strip and which is
adjustable to change the width of the strip" as recited in claims 1 and 41 does or does
not invoke the sixth paragraph of 35 U.S.C. § 112;
(2) determine if the clause "a device for selectively varying the cross-sectional geometry
of a cushioning pad produced by the machine" as recited in claim 59 does or does not
invoke the sixth paragraph of 35 U.S.C. § 112;
(3) determine if the clause "a device which guides a stock material as it travels between
a forming assembly and a feed assembly, the device selectively varying the cross-
sectional geometry of a strip of cushioning produced by the machine" as recited in claim
68 does or does not invoke the sixth paragraph of 35 U.S.C. § 112; and
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007