Ex Parte Burnett et al - Page 7



          Appeal No. 2006-0456                                        Page 7          
          Application No. 10/410,778                                                  

          fourth roller in Baruch thereby creating two nips that do not               
          share a common roller.                                                      
               From our review of the record, we find, for the reasons                
          which follow, that an artisan would not have been motivated to              
          modify Young in view of Baruch and Kuo to arrive at the claimed             
          invention, as advanced by appellants.                                       
               In Young, the nip is offset so that the baffle 203 and                 
          surface 204 reverse bends the sheet for straightening (col. 5,              
          lines 56-58).  It is further disclosed (col. 6, lines 8-11) that            
          “[t]he decurler includes off-set nips from a vertical plane that            
          in combination with output baffles apply reverse bending to the             
          sheets in order to straighten them.”  From the disclosure of                
          Young that the structure of the off-set nips and baffles causes             
          the decurling to occur, we find that an artisan would not have              
          been motivated to replace the off-set nips with rollers in a                
          substantially linear formation, as advanced by the examiner.                
               We are not persuaded by the reasoning provided by the                  
          examiner (answer, page 4) that “simplicity in design the curl               
          control apparatus and to permit more precise controlling of the             
          amount of decurling on a printed medium,” because we have no                
          evidence that more precise control of the decurling would occur.            
          The reasons provided by the examiner do not provide a motivation            





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