Appeal No. 2005-1932 Page 6
Application No. 10/191,311
Hence, as wallpaper is being cut after it has been applied to a wall and while it is
in a flexible condition, the tendency thereof to bunch or tear or to splinter as
would commonly occur with cutters lacking a hold-down means, is avoided. The
tool is very narrow, as best seen in Fig. 2, and, therefore, full visibility thereof,
and particularly of the cutting blade and the cutting action, is possible even
though the cutting portion of the blade is located between the rollers 24. Thus
where a cut is to be formed in an irregular path, the user can observe that path
and can properly direct the cutter to follow that path.
The tilted position oi the rollers places them in close spaced lateral
position to the blade in a lateral direction, as best seen in Figs. 2 and 3. This
assures that the paper is held down close to the point of cut.
In our view, the teaching of Baker that the narrow peripheral portion 30 limits the
width of the contact of the roller with the work taken with the illustration of the narrow
peripheral portion 30 in Figures 2 and 3 would have taught a person having ordinary
skill in the art that the narrow peripheral portion 30 contacts the workpiece along a
plane, not at a point. As such, Baker does teach and suggest the use of at least one
pressure roller having a conical roller surface for engaging the workpiece.3
For the reasons set forth above, the decision of the examiner to reject claim 9,
and claims 10 to 15 grouped therewith, under 35 U.S.C. § 103 is affirmed.
3For Baker's narrow peripheral portion 30 to contact the workpiece along a plane
requires the narrow peripheral portion 30 to be conical.
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