Ex Parte BROWN - Page 3



                   Appeal No. 2002-1878                                                                                                                                   
                   Application No. 09/246,257                                                                                                                             

                   method and apparatus of the AirFil brochure by substituting a                                                                                          
                   pneumatic conveyor including duct work and a blower as taught by                                                                                       
                   Long and Wiseman.                                                                                                                                      
                                                                              OPINION                                                                                     
                             We have carefully reviewed the claimed subject matter in                                                                                     
                   light of the arguments of the appellant and the examiner.  As a                                                                                        
                   result of this review, we have reached the determination that the                                                                                      
                   applied prior art does not establish the prima facie obviousness                                                                                       
                   of the claimed subject matter.  Accordingly, the rejection of the                                                                                      
                   claims on appeal is reversed.  Our reasons follow.                                                                                                     
                             We are in agreement with the examiner that the AirFil                                                                                        
                   brochure discloses a machine for manufacturing a continuous                                                                                            
                   string of air-filled cushions.  With respect to page 3 of the                                                                                          
                   brochure, apparently a web of manufactured cushions exits the                                                                                          
                   machines toward the floor where the web is taken by a conveyor                                                                                         
                   and lifted to be dumped in a bin.  Apparently, an operator                                                                                             
                   removes the cushions from the bin to use as packing material as                                                                                        
                   he or she fills the boxes on the roller conveyor for shipment.                                                                                         
                   There is no indication of what type of lifting conveyor is used                                                                                        
                   for the illustrated installation, although a specific type of                                                                                          
                   conveyor is obviously commercially viable.                                                                                                             

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