Ex parte TOMITA et al. - Page 9




          Appeal No. 1998-1020                                        Page 9           
          Application No. 08/381,423                                                   


          stretch or compress it laterally as needed.  As such gripping                
          is not required in the Barkley bustling device, it is not                    
          apparent to us why one of ordinary skill in the art would have               
          been motivated to provide counter pressure rollers on the side               
          of the web opposite the bustling wheels and rollers of                       
          Barkley.  Further, even if the teachings of Barkley and Huck                 
          were combined as proposed by the examiner to provide counter                 
          pressure applying rollers on the Barkley device, Huck would                  
          not have suggested providing such counter pressure applying                  
          rollers at a different location along the web traveling                      
          direction as required by the claims.                                         
               For the foregoing reasons, we do not find the references                
          applied by the examiner sufficient to have suggested the                     
          subject matter of claims 2, 6 and 24.  Accordingly, we shall                 
          not sustain the examiner's rejection of these claims.                        
               As to the examiner's rejection of claim 21, we have                     
          reviewed the additional teachings of Fischer, but we find                    
          nothing therein which overcomes the deficiencies of the                      
          combination of Barkley, Okamura, Miyoshi, Huck and Yamashita                 
          discussed above.  Thus, it follows that we shall also not                    
          sustain the examiner's rejection of claim 21.                                







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