Ex Parte ARMINGTON et al - Page 2




              Appeal No. 2003-0204                                                               Page 2                
              Application No. 09/096,123                                                                               


                                                   BACKGROUND                                                          
                     The appellants' invention relates to a cushioning conversion system which                         
              converts sheet stock material into cushioning material.  More particularly, the present                  
              invention relates to a cushioning conversion system including a packaging controller,                    
              wherein the system is adapted to provide recommended packaging and/or packaging                          
              information to an operator based on the parts to be packaged, and further to provide for                 
              monitoring of packaging supply inventories (specification, p. 1).  A copy of the claims                  
              under appeal is set forth in the appendix to the appellants' brief.                                      


                     The prior art reference of record relied upon by the examiner in rejecting the                    
              appealed claims is:                                                                                      
              DePoint, Jr. et al.                5,105,600                   Apr. 21, 1992                             
              (DePoint)                                                                                                


                     Claims 279 to 284 and 287 to 294 stand rejected under 35 U.S.C. § 103 as being                    
              unpatentable over DePoint.  The basis for this rejection as set forth on pages 2-3 of the                
              final rejection (Paper No, 22, mailed November 1, 2001) was as follows:                                  
                           DePoint discloses a packaging system comprising an input device used to                     
                     identify the part and generate a signal indicative of the identified part (column 6,              
                     lines 25-27); a controller (48) coupled to the input device and receiving the signal              
                     indicative of the identified part (column 5, lines 46-51); the controller programmed              
                     to retrieve a predetermined set of packaging instructions associated with the                     
                     identified part from a memory (column 2, lines 32-45); the packaging instructions                 
                     having a step contains [sic] a description of a cushioning technique designed for                 







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