Appeal No. 2004-1523
Application 09/506,920
portion of the web with a first holder mechanism that operatively
cooperates with the first guide member “to urge said web against
said first entrance edge of said blade member” (emphasis added),
instead of the more specific recitation of controlling a first
portion of the web “by drawing and tightening said web against
said first entrance edge of said blade member,” as set forth in
the apparatus claims. Smithe, at column 14, line 41, et seq.,
describes how the forming blade or bar (52, 54) and its
orientation relative to the first blade member or plowshare (48)
and it cooperation with the convex surface (112) of the first
blade member or plowshare (48) controllably urges the body of a
blank (70) adjacent the score line (76) against and into contact
with the first entrance and folding edge (62) of the blade
member/plowshare.
2) The examiner should also consider whether the claims
dependent from claim 16 are subject to rejection under either
35 U.S.C. § 102(e) or § 103(a) based on Smithe. In that regard,
we note that the convex face (112) of blade member/plowshare (48)
acts as a first guide member for directing a first portion of the
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