Ex Parte Jenkins - Page 3



                    Appeal No. 2003-0550                                                                                                                                  
                    Application No. 09/580,411                                                                                                                            

                    from the Appendix to appellant's brief, is attached to this                                                                                           
                    decision.                                                                                                                                             

                    The sole prior art reference of record relied upon by the                                                                                             
                    examiner in rejecting appealed claim 1 is:                                                                                                            
                    Carll                                            2,313,801                                         Mar. 16, 1943                                      

                    Claim 1 stands rejected under 35 U.S.C. § 102(b) as being                                                                                             
                    anticipated by Carll.  In the examiner's view (answer, page 4),                                                                                       
                    Carll discloses a die cutter apparatus with every structural                                                                                          
                    limitation of the claimed invention including: a base member                                                                                          
                    (12); at least first and second die cutter units (14) supported                                                                                       
                    by the base member, with each said die cutting unit comprising a                                                                                      
                    support member (16) carrying a steel rule die (18), and a lost                                                                                        
                    motion connection (e.g., 32 and one of 38, 42, or 44) connecting                                                                                      
                    the support member (16) to the base member (12) and permitting                                                                                        
                    relative lateral movement of each die cutter unit (14) relative                                                                                       
                    to the base member and relative to each other through a range of                                                                                      
                    360 degrees.                                                                                                                                          

                    Rather than attempt to reiterate the examiner's full                                                                                                  
                    commentary with regard to the above-noted rejection and the                                                                                           
                                                                                    33                                                                                    




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