Appeal No. 2002-1164
Application 09/159,767
assembly is actuated to form a line of cuts in the web,
preferably coincident with a set of cross perforations, and the
counter and nozzle rollers are engaged with the web to separate
it along the line of cuts to produce an individual form having a
desired length and number of folds.
Anticipation is established only when a single prior art
reference discloses, expressly or under principles of inherency,
each and every element of a claimed invention. RCA Corp. v.
Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ
385, 388 (Fed. Cir. 1984).
As indicated above, independent claim 9 requires a cutting
assembly adapted to form a line of cuts at the top and bottom of
each portion of the web to be folded, and an oscillatory shooter
assembly capable of folding the web in zigzag fashion along the
cut lines so that each fold coincides with one of the cut lines.
Independent claims 16 and 17 contain similar recitations, and
also require that the cutting assembly operate continuously as
the web travels along the web traveling path. The examiner’s
determination that Kishine meets these limitations is unsound.
To begin with, Kishine’s cutting assembly forms cut lines
only at predetermined points where the web is to be separated by
the counter and nozzle rollers, not at the top and bottom of each
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