Ex parte CICCORILLI - Page 3




              Appeal No. 2001-1275                                                                  Page 3                
              Application No. 09/128,120                                                                                  


                                                       OPINION                                                            
                     In reaching our decision in this appeal, we have given careful consideration to the                  
              appellant's specification and claims, to the applied prior art references, and to the                       
              respective positions articulated by the appellant and the examiner.  As a consequence of                    
              our review, we make the determinations which follow.                                                        
                     The appellant’s invention is directed to the problem of reducing the friction between                
              a conveyor belt guide surface and the surface of the conveyor belt that is in contact                       
              therewith.  In the disclosure of the invention, the problem is solved by interposing a layer of             
              material having a low friction surface between the belt guide and the belt, examples being                  
              an anti-friction tape or a coating.  As manifested in independent claim 1, the invention                    
              comprises a layer having at least one adhesive side provided between a conveyor belt                        
              and a conveyor belt guide, and wherein a coefficient of friction between one of the                         
              conveyor belt and the conveyor belt guide and the other side of the layer is lower than a                   
              coefficient of friction between the conveyor belt and the conveyor belt guide.                              
                     Although not succinctly stated, it would appear that the examiner’s position is that                 
              the German reference teaches all of the subject matter recited in claim 1 except for the                    
              particular friction-reducing element, but it would have been obvious to replace the friction-               
              reducing element in this reference with the one recited in the claim in view of the teachings               
              of Baker or Fiedler.  However, the examiner makes no mention in the statement of the                        









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