Ex Parte Kolquist - Page 3




             Appeal No. 2005-1982                                                                     3               
             Application No. 10/155,006                                                                               


                    Appellant states that claims 1-7 stand or fall together (Brief, p. 2) and there are               
             no separate arguments directed to dependent claims 2-7.  Appellant also states that                      
             claims 8 and 9 stand or fall together.  To represent the issues on appeal, we select                     
             claims 1 and 9.                                                                                          
                    Considering the issues on appeal as presented by Appellant, we find no                            
             reversible error on the part of the Examiner.  Consequently, we affirm.  Our reasons                     
             follow.                                                                                                  


                                                      OPINION                                                         
                    Turning first to the rejection of representative claim 1 over Foote, we note that                 
             the Examiner has identified in Foote each and every structure recited in the claim                       
             (Answer, p. 3).  The sole difference between the dryer of Foote and the claimed dryer is                 
             the orientation of the housing.  In the claimed dryer housing, the inlet is in the front and             
             the outlet is in the back such that the mat is fed through the dryer horizontally.  In the               
             housing of Foote, the inlet is in the top and the outlet in the bottom such that the mat is              
             fed through the housing vertically.  Turning the dryer of Foote on one of its sides results              
             in the claimed front to back inlet/outlet arrangement or horizontal orientation.  We                     
             conclude that the Examiner has established a case of prima facie obviousness based                       
             on the reasoning that the horizontal, instead of vertical, orientation of the dryer would                
             have been a minor matter of design choice as both orientations would serve the                           








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

Last modified: November 3, 2007