Appeal 2006-2985
Application 10/702,225
SUMMARY OF DECISION
We AFFIRM and enter a new ground of rejection pursuant to 37 C.F.R.
§ 41.50(b).
THE INVENTION
The Appellants invented a system for making a coiled strip of dunnage
(Specification 1: 9-10). Dunnage is protective material typically placed in a
shipping container to fill any voids and/or to cushion an item during the shipping
process (Specification 1: 14-17). The system of the invention uses a stapler to
secure juxtaposed portions of one or more crumpled strips of dunnage, such as for
securing the trailing end of a coiled strip of dunnage to the balance of the coil to
prevent or inhibit unwinding of the coil (Specification 2: 8-11 and 19-20).
Claim 1, reproduced below, is representative of the subject matter on appeal.
1. A system, comprising a dunnage supply having a
converter that is operable to convert a sheet of stock material into a
strip of relatively less dense dunnage, the dunnage supply having an
outlet through which one or more of the strips of dunnage are
supplied, a positioning device that positions in juxtaposition portions
of the one or more strips of dunnage, and a stapler for connecting the
juxtaposed portions to hold them together.
THE REJECTIONS
The Examiner relies upon the following as evidence of unpatentability:
Fuss US 5,468,556 Nov. 21, 1995
Wischusen, III US 5,643,647 Jul. 01, 1997
Cruz US 6,251,054 B1 Jun. 26, 2001
2
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