Appeal 2007-3992
Application 10/347,867
A. Introduction
Appellant ("Muller") appeals under 35 U.S.C. § 134 from the final
rejection of claims 1–29. Claims 1–42 are pending, but claims 30–42 have
been withdrawn from consideration and are not subject to this decision. We
have jurisdiction under 35 U.S.C. § 6(b). We REVERSE.
The subject matter on appeal relates to a "garniture tongue," which is,
in embodiments, part of a cigarette rolling machine.
Claim 1, which illustrates the issues necessary to resolve this appeal,
reads:
A garniture tongue of a garniture device of a rod machine
arranged for compressing a material, comprising:
a rod guide surface; and
at least an intake end of said garniture tongue being at
least composed in part of a steel alloy with high titanium
carbide content.
The Examiner has maintained the following rejections:
(1) Claims 1–19 have been rejected under 35 U.S.C. § 103(a) in
view of the combined teachings of Labbe2 and Frehn3.
(2) Claims 20–29 have been rejected under 35 U.S.C. § 103(a) in
view of the combined teachings of Labbe, Frehn, and Hakansson4.
2 Francis A.M. Labbe, Cigarette Manufacture, U.S. Patent 4,186,754, issued
5 February 1980.
3 Fritz Frehn, Corrosion and War Resistant Steel Sinter Alloy, U.S. Patent
3,967,935, issued 6 July 1976.
2
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