Appeal No. 2002-0037 Page 2
Application No. 08/899,292
BACKGROUND
The appellants' invention relates to an apparatus for shaping a slab of cellular
polymer material by cutting and removing portions of the material from an outer surface
of the slab. A copy of the claims under appeal is set forth in the appendix to the
appellants' brief.
Claims 1 to 5 and 10 to 22 stand rejected under 35 U.S.C. § 103 as being
unpatentable over U.S. Patent No. 795,359 to Moore.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the above-noted rejection, we make reference to the final
rejection (Paper No. 17, mailed May 23, 2000) and the answer (Paper No. 25, mailed
April 11, 2001) for the examiner's complete reasoning in support of the rejection, and to
the brief (Paper No. 24, filed January 25, 2001) and reply brief (Paper No. 26, filed June
13, 2001) for the appellants' arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
the appellants' specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellants and the examiner. Upon evaluation of
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