Ex parte RICHARDS et al. - Page 7




              Appeal No. 1999-0695                                                                      Page 7                
              Application No. 08/427,018                                                                                      


              feeding apparatus in which one of ordinary skill in the art would have anticipated that faults                  
              could occur, we do not agree that the combined teachings of these references would have                         
              suggested the modification proposed by the examiner.  From our perspective, one of ordinary                     
              skill in the art reading the Benson disclosure would have understood that, upon occurrence of a                 
              production fault as described therein, the leader from feeder 27 must be threaded, by                           
              conventional means known in the art, through the wind-up section and that the splicing                          
              mechanism in no way facilitates that procedure.  Rather, the function of the dump nip and the                   
              splicing mechanism is to permit the formation section to run at normal line speed to establish an               
              acceptable extruded film web while the wind-up section is rethreaded (presumably at a rate                      
              significantly slower than normal line speed) with the leader and brought up to the speed of the                 
              formation section so that the film web can then be threaded into the wind-up section at normal                  
              line speed.  As there is no indication in the AAPA that the continuous web therein must be run                  
              through the print unit at normal line speed during the web-up or threading process, it is not                   
              apparent to us why, without the benefit of the appellants' disclosure, one of ordinary skill in the             
              art would have been motivated by the teachings of Benson to provide a web-up device (splicing                   
              mechanism and secondary web roll) downstream of the first print unit for outputting a spliced                   
              web to the second component.                                                                                    
                      For the foregoing reasons, we shall not sustain the examiner's rejection of claim 4 or                  
              claims 5 and 9 which depend from claim 4 under 35 U.S.C. § 103 as being unpatentable over                       









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