Appeal No. 2005-0879
Application No. 09/822,136
DISCUSSION
As framed and argued by the appellants, the dispositive
issue in the appeal is whether Mathein or Jahn would have
rendered obvious a rotary cutter or rotary cutting blade meeting
the limitations in independent claims 1, 13, 25 and 28 requiring
a cutting edge angle “that is not less than forty degrees and not
greater than fifty degrees.” The appellants’ specification (see
pages 1 through 3) asserts that cutting edge angles within this
range afford a higher degree of durability and safety as compared
to sharper, smaller angle cutting edges, while still being
effective for cutting thin sheet materials. These assertions
find support in the 37 CFR § 1.132 Declarations of Vincent T.
Kozyrski filed September 17, 2002 and September 29, 2003. The
second Kozyrski declaration also indicates that cutting edge
angles within the specified range are more effective for cutting
thin sheet materials than duller, larger angle cutting edges.
Turning to the prior art applied by the examiner, Mathein
discloses a rotary cutter comprising a rotary disk cutter L for
trimming photographic prints, and Jahn discloses a rotary cutter
comprising a circular cutter wheel 16 for severing foil seals on
wine bottles. Neither reference conveys any information as to
3
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007