Ex Parte FUSS et al - Page 3



          Appeal No. 2002-1803                                                        
          Application 09/288,775                                                      

                                   THE REJECTION                                      
               Claims 1 through 25 stand rejected under 35 U.S.C. § 103(a)            
          as being unpatentable over Sperry in view of Hoover.                        
               Attention is directed to the appellants’ main and reply                
          briefs (Paper Nos. 18 and 20) and to the examiner’s answer (Paper           
          No. 19) for the respective positions of the appellants and the              
          examiner with regard to the merits of this rejection.1                      
                                    DISCUSSION                                        
               Sperry, the examiner’s primary reference, discloses a method           
          and apparatus for forming foam bags/cushions for use in shipping            
          containers.  The apparatus 10 comprises, inter alia, a pair of              
          plastic web supply rolls 13, drive roll means 15 for convergingly           
          advancing the webs into opposing face-to-face contact at a nip              
          defined by the drive roll means, first heat sealing means 28, 28'           
          immediately adjacent the nip for sealing together the opposing              
          longitudinal edges of the webs, second heat sealing means 35 for            
          sealing the top edge of a formed bag 38 and the bottom edge of              
          the next bag while severing the formed bag from the next bag, a             
          nozzle 44 for introducing a foamable composition between the webs           


               1 In the final rejection (Paper No. 11), claims 1 through 25           
          also stood rejected on a number of additional grounds which have            
          since been withdrawn by the examiner.                                       
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