Ex parte SNYDER et al. - Page 7




          Appeal No. 1997-0347                                                        
          Application 08/193,654                                                      



          suggests that a pulling force is a function of such a dancer                
          roll arrangement, there is no logical basis for the examiner                
          to argue that "a person having ordinary skill in the art would              
          have been                                                                   
          motivated to vary the pulling force through routine                         
          experimenta- tion to see if performance could be improved                   
          further" [emphasis added].  See the Answer at page 5.                       
          Moreover, even assuming for purposes of argument that based on              
          Asghar's teaching that second driving means 44R cooperates                  
          with Asghar's first driving means 42R for rapid web take up                 
          (see Asghar at column 5, lines 62-64), a person of ordinary                 
          skill in the art would have been motivated and led to optimize              
          Harvey's spring-biased lever arm dancer roll 153, it is not                 
          apparent to us how such optimization and modifi- cation would               
          lead to a dancer roll assembly necessarily providing a second               
          pulling force of at least 20% of the total pulling force on                 
          the web.                                                                    
                    In short, we agree with appellants that the combined              
          teachings of Harvey and Asghar do not provide a suggestion to               
          a person of ordinary skill in the art to modify the dancer                  

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