Ex Parte LaBounty et al - Page 6



          Appeal No. 2003-0510                                                        
          Application No. 09/524,904                                                  

          cross cutter blade 94 as being rectangular in shape whereby the             
          blade may be rotated about axes that are parallel to either the             
          long or short edges of the blade to bring any one of four (4)               
          long edges of the blade into an operative cutting position.                 
          Further, this manner of operation is consistent and in keeping              
          with the statement appearing in the paragraph spanning columns              
          7 and 8 of Sederberg which states that the cutter blades of the             
          invention may be rotated to enable use of all four longitudinal             
          edges of the blade as the principal cutting edge.  In our                   
          opinion, progressive “end over end” and/or “reversible” rotation            
          of Sederberg’s cross cutter blade 94 would satisfy the rather               
          broadly worded requirement of the last paragraph of claim 1 that            
          the cross blade is “indexable” and “rotatable” such that four               
          cutting surfaces of the blade are presented for “successive”                
          exposure and shearing.                                                      
               Second, to the extent progressive “end over end” and/or                
          “reversible” rotation of Sederberg’s cross cutting blade 94 would           
          not satisfy the “indexable” “rotatable” and “successive” language           
          of the last paragraph of claim 1, we agree with the examiner’s              
          implicit position to the effect that it would have been obvious             

          344 (CCPA 1968).                                                            
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