Appeal No. 2004-0170
Application No. 09/288,450
particular application disclosure as it would be interpreted by
one possessing the ordinary level of skill in the pertinent art.
Id. Read in light of the description of the cutting sequence on
pages 7 and 8 of the underlying specification and the depiction
thereof in Figures 10A through 10D, the construction and
arrangement of the blades set forth in claims 1, 5 and 11 to
deflect the product segments as specified is reasonably
particular and precise, if not exceedingly so. Hence, the
examiner’s concern that claims 1, 5 and 11 are indefinite is
unfounded.
Accordingly, we shall not sustain the standing 35 U.S.C.
§ 112, second paragraph, rejection of claims 1, 5 and 11.
II. The 35 U.S.C. § 103(a) rejections of claims 1 through 5, 11,
15 and 16
Poloni ‘033 and Poloni ‘291, the examiner’s primary
references, disclose high speed flying shears for cutting the
leading and trailing ends of rolled stock (e.g., wires, bars,
rods) moving longitudinally through the shears. Each shear
includes blades 13 mounted on counter-rotating drums 30, a
shearing axis 15 defined by the blades and a laterally movable
switch 16 for feeding stock to the blades.
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