Ex Parte SUMIDA et al - Page 3




          Appeal No. 2002-1164                                                         
          Application 09/159,767                                                       





                                    THE REJECTION                                      
               Claims 9 through 18 stand rejected under 35 U.S.C. § 102(b)             
          as being anticipated by Kishine.                                             
               Attention is directed to the brief (Paper No. 22) and answer            
          (Paper No. 23) for the respective positions of the appellants and            
          examiner regarding the merits of this rejection.                             
                                      DISCUSSION                                       
               Kishine discloses an apparatus 2 for folding and cutting a              
          continuous paper web 1 which has been printed and cross                      
          perforated at predetermined intervals by an upstream printing                
          machine and perforator device.  The apparatus has much in common             
          with the apparatus set forth in the appealed claims including a              
          paper web traveling path 17, a cutting assembly 20 adapted to                
          form in the web a line of cuts 46 having at least one uncut                  
          portion 47, and an oscillatory shooter assembly 3 having a                   
          counter roller 4 and a nozzle roller 5.  In use, the web is drawn            
          into the apparatus by pull rollers 41 and 16 and folded in a                 
          zigzag manner along the cross perforations by the oscillatory                
          shooter assembly.  When marks applied to the web at predetermined            
          points along its length are detected by a sensor 45, the cutting             


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