Ex Parte Simmons et al - Page 4




          Appeal No. 2004-0737                                                        
          Application No. 10/141,443                                                  


          and the respective viewpoints of appellants and the examiner.               
          As a consequence of our review, we make the determinations which            
          follow.                                                                     


               We cannot sustain the obviousness rejection of appellants’             
          claims based upon the prior art relied upon by the examiner.                
          Our reasoning appears below.                                                


               Independent claim 1, the sole independent claim before us,             
          reads as follows:                                                           
               A pad production and packaging system comprising:                      
               at least one pad producing machine for producing a                     
               dunnage3 pad and supplying the dunnage pad to a pad                    
               insertion zone disposed above a pad support, the pad                   
               support having an opening over which the pad is                        
               supplied; and                                                          



               2(...continued)                                                        
          would have fairly taught one of ordinary skill in the art.  See             
          In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA 1966).                
          Additionally, this panel of the board has taken into account                
          not only the specific teachings, but also the inferences which              
          one skilled in the art would reasonably have been expected to               
          draw from the disclosure.  See In re Preda, 401 F.2d 825, 826,              
          159 USPQ 342, 344 (CCPA 1968).                                              
               3 The word “dunnage” is commonly known to refer to padding             
          in a shipping container to protect contents against breakage.               
          Webster’s New Collegiate Dictionary, G. & C. Merriam Company,               
          Springfield, Massachusetts, 1979.                                           
                                          4                                           





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