Ex Parte PICCININO et al - Page 6



          Appeal No. 2001-0912                                                        
          Application No. 09/082,957                                                  
          claimed in the present invention” because “[f]igs. 1 and 3 of the           
          present invention illustrates [sic] that the processing solution            
          will remain in the nip of the two rollers even when the rollers             
          are not being rotated” whereas “any retaining of processing                 
          solution in the nip [of Urasaki] must occur as a result of the              
          rotation of the rollers and liquid having the appropriate                   
          viscosity” (reply brief, page 1).  This argument cannot be                  
          considered persuasive.                                                      
               As previously indicated, the appealed claims must be given             
          their broadest reasonable interpretation consistent with the                
          specification.  Hyatt, id.  For this reason and because the                 
          claims under review contain no recitation concerning when and               
          under what circumstances solution must remain in the nip portion,           
          the appellants’ above noted argument is necessarily unconvincing            
          since it is considerably more narrow than the claims to which it            
          is directed.                                                                
               For the reasons set forth above and in the answer, we hereby           
          sustain the examiner’s Section 102(e) rejection of claims 1, 2,             
          9, 10, 22, 27 and 29 as being anticipated by Urasaki.                       



                                          6                                           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007