Ex Parte Simmons et al - Page 5




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


               at least one pad insertion assembly for inserting                      
               the pad from the pad insertion zone through the opening                
               and into a container disposed below the pad insertion                  
               zone.                                                                  


               We turn now to the examiner’s evidence of obviousness.                 


               The patent to Harding teaches an automated cushioning                  
          conversion system that fills a container or box with packaging              
          (cushioning) material.4  The patent indicates (column 7, line 63            
          to column 8, line 19) that the pad placement apparatus 16 of                
          Fig. 8 may be embodied through any number of ways, as will be               
          apparent to a person skilled in the art, and that, for example, a           
          pad placement apparatus 16 may include a pick and place unit 140            
          for engaging a pad 14.                                                      


               The Duryee reference discloses a leaflet insertion system              
          for placing informational sheets or leaflets into the neck of a             





               4 As explained in the patent (column 1, lines 34 through               
          45), while paper in sheet form could possibly be used as a                  
          protective packaging material, it is usually preferable to                  
          convert sheets of paper into a low density cushioning product               
          (low density cushioning pads or dunnage).                                   
                                          5                                           





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