Ex Parte Zoeckler - Page 7

                Appeal 2007-0008                                                                                 
                Application 09/818,023                                                                           
                       ‘916 and illustrated in Figs. 2, 3, and 4 of Seufert ‘916.  Seufert ‘206                  
                       illustrates an embodiment wherein the rule-shaped tool 20 is carried in                   
                       a holding plate 19 connected to a work cylinder 11 (Seufert, col. 5,                      
                       ll. 28-30 and 43-45).                                                                     
                   8. Haddock evidences that a slot or channel 16 in the make ready 14                           
                       (i.e., counter plate) on a platen 10 used in conjunction with a rule 20                   
                       for forming creases for bending in carton blanks was known in the art                     
                       at the time of Appellant’s invention (Haddock, col. 3, ll. 13-18,                         
                       Fig. 1).                                                                                  
                   9. It was known by those of skill in the art at the time of Appellant’s                       
                       invention that fold lines in thinner material must be narrower than fold                  
                       lines in thicker material (Specification 36:24-26).                                       

                                                  ANALYSIS                                                       
                       In rejecting claims 1-5, 7, and 11 as unpatentable over Campbell in                       
                view of Seufert ‘916, the Examiner contends it would have been obvious “to                       
                include the teachings of Seufert [‘916] in the invention of Campbell in order                    
                to compensate stresses in the laminate materials when folded into the final                      
                product and thereby maintaining the bond between the laminates” (Answer                          
                4), but does not specify how the invention of Campbell would be modified                         
                by including the teachings of Seufert ‘916 therein.  We conclude that                            
                combination of Campbell and Seufert ‘916, without more, would not result                         
                in the method of Appellant’s independent claims 1 and 11.  Campbell’s                            
                reinforcing method involves forming fold lines extending transversely of                         
                lines of reinforcement, which lines of reinforcement include an extra layer of                   
                material relative to the other regions of the blank (Findings of Fact 1 and 3).                  

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