Ex Parte Harding et al - Page 2




            Appeal No. 2002-1053                                                          Page 2              
            Application No. 09/702,981                                                                        


                                               BACKGROUND                                                     
                   The appellants' invention relates to a separator device, a constant-entry device,          
            and/or a shaping member for use in a cushioning conversion machine or method                      
            (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:                                                                              
            Wood                             1,929,087                       Oct. 3, 1933                     
            Simmons                          6,155,963                       Dec. 5, 2000                     



                   Claims 34 to 41 and 118 to 125 stand rejected under 35 U.S.C. § 103 as being               
            unpatentable over Simmons in view of Wood.                                                        


                   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. 11, mailed February 28, 2002) for the examiner's complete reasoning in                 
            support of the rejection, and to the brief (Paper No. 10, filed January 15, 2002) and             
            reply brief (Paper No. 13, filed May 9, 2002) for the appellants' arguments thereagainst.         









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