Ex Parte KUTCHMAREK et al - Page 2




               Appeal No. 2003-1953                                                                         Page 2                  
               Application 09/244,742                                                                                               



                                                        BACKGROUND                                                                  
                       The appellants’ invention relates to a cutting blade for a cutting apparatus.  An                            
               understanding of the invention can be derived from a reading of exemplary claim 8,                                   
               which appears in the appendix to the Brief.                                                                          
                       The prior art references of record relied upon by the examiner in rejecting the                              
               appealed claims are:                                                                                                 
               Walker                                 245,330                        Aug.   9, 1881                                 
               Sands et al. (Sands)                   5,339,716                      Aug. 23, 1994                                  
                       The following are the standing rejections:                                                                   
               (1) Claims 3, 5 and 8-15 under 35 U.S.C. § 102(b) as being anticipated by Walker;                                    
               (2) Claims 4 and 7 under 35 U.S.C. § 103(a) as being unpatentable over Walker; and                                   
               (3) Claim 6 under 35 U.S.C. § 103(a) as being unpatentable over Walker in view of                                    
               Sands.                                                                                                               
                       Rather than reiterate the conflicting viewpoints advanced by the examiner and                                
               the appellants regarding the above-noted rejections, we make reference to the Answer                                 
               (Paper No. 39) for the examiner's complete reasoning in support of the rejections, and                               
               to the Brief (Paper No. 38) for the appellants’ arguments thereagainst.                                              
                                                            OPINION                                                                 
                       In reaching our decision in this appeal, we have given careful consideration to                              
               the appellants’ specification and claims, to the applied prior art references, and to the                            
               respective positions articulated by the appellants and the examiner.  As a consequence                               
               of our review, we make the determinations which follow.                                                              





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