Ex Parte STROBEL - Page 2



              Appeal No. 2002-0049                                                                  Page 2                
              Application No. 09/317,538                                                                                  


                                                    BACKGROUND                                                            
                     The appellant's invention relates to a method of fabricating tools used in                           
              processes for die cutting sheet-type work material such that the die cut work material                      
              can be advanced thereon without becoming caught (specification, p. 1).  A copy of the                       
              claims under appeal is set forth in the appendix to the appellant's brief.                                  


                     The prior art references of record relied upon by the examiner in rejecting the                      
              appealed claims are:                                                                                        
              Abe et al. (Abe)                           4,921,154                    May   1, 1990                       
              Dombrowski et al. (Dombrowski)             4,993,896                    Feb. 19, 1991                       



                     Claims 1 to 7 stand rejected under 35 U.S.C. § 103 as being unpatentable over                        
              Abe in view of Dombrowski.                                                                                  


                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                        
              the appellant regarding the above-noted rejection, we make reference to the answer                          
              (Paper No. 15, mailed April 24, 2001) for the examiner's complete reasoning in support                      
              of the rejection, and to the brief (Paper No. 14, filed March 12, 2001) and reply brief                     
              (Paper No. 17, filed June 18, 2001) for the appellant's arguments thereagainst.                             










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