Ex parte SIMMONS et al. - Page 7




          Appeal No. 1999-2132                                       Page 7           
          Application No. 08/672,856                                                  


          labels vertically in a stack (page 2).  The label stacking                  
          device 10 includes a label-input conveyer 14 including rollers              
          22 mounted on shafts 20 (Figures 2 and 4) and driven by                     
          electric motor 31 via gear train 30 (page 5) and rollers 42                 
          mounted on shafts 41, which are not driven (page 6).  Rollers               
          42 are preferably flexible in order to guarantee that driven                
          rollers 22 are correctly pressed (id.).  Mistyurik also                     
          teaches that the flexibility of rollers 42 improves the                     
          advancement of labels of different thicknesses (id.).                       
               The examiner describes (answer, page 3) Tekavec as                     
          showing                                                                     
               a stock supply assembly (50), a conversion assembly and                
               upper and lower drive rollers (54), arranged as a                      
               conveyor, for transferring cut products through an                     
               arcuate path leading from a machine exit to a passage in               
               the work table.  Thus, Tekavec teaches the invention                   
               substantially as claimed except for duplicating the                    
               Tekavec upper and lower drive rollers such that the upper              
               and lower drive rollers are arranged in series along the               
               Tekavec arcuate path.                                                  

               The examiner also describes (answer, pages 3-4) Mistyurik              
          as teaching that                                                            
               utilizing complementary upper and lower series of drive                
               rollers about an arcuate path extending from a first                   
               lower position to a second upper position improves the                 
               reliability of a work piece conveying device by ensuring               
               that work pieces are transferred by friction along the                 







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