Ex Parte Bailey et al - Page 2



             Appeal No. 2004-0065                                                            Page 2               
             Application No. 09/642,585                                                                           
             1 of the specification, the apparatus and method involves a first conveyor (e.g., 26 of              
             Fig. 1) arranged to convey packaging blanks at a first conveying velocity through an                 
             application region in which an adhesive or at least one adhering element is applied to               
             each blank by an applying means (40) and a second conveyor (50) arranged to receive                  
             said blanks from the first conveyor and convey said blanks at a second velocity which is             
             greater than said first velocity.  Independent claims 1 and 11 are representative of the             
             subject matter on appeal, and a copy of those claims may be found in the Appendix to                 
             appellants’ brief.                                                                                   


                    The prior art references of record relied upon by the examiner in rejecting the               
             claims on appeal are:                                                                                
             Focke et al. (Focke)             5,762,175                  Jun.  9, 1998                            
             Jeffrey et al. (Jeffrey)         5,853,360                  Dec. 29, 1998                            
                                                                                                                 
                    Claims 1 through 11, 24 and 25 stand rejected under 35 U.S.C. § 103(a) as                     
             being unpatentable over Jeffrey in view of Focke.  This rejection is set forth on pages 4-           
             6 of the examiner’s answer.                                                                          


                    Claims 1 through 11, 24 and 25 also stand rejected under 35 U.S.C. § 103(a) as                
             being unpatentable over Focke in view of Jeffrey.  This rejection is set forth on pages              
             6-7 of the examiner’s answer.                                                                        
                    Rather than reiterate the conflicting viewpoints advanced by appellants and the               
             examiner regarding the above-noted rejections, we refer to the examiner's answer                     
             (Paper No. 23, mailed February 19, 2003) and to appellants’ brief (Paper No. 22, filed               





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