Ex Parte Domijan - Page 6

            Appeal 2007-0513                                                                                 
            Application 10/274,797                                                                           

        1   mechanism are clearly engaged by friction due to the yieldable nature of the spring              
        2   plate 19” (Answer 3).  The Appellant’s claim 1, from which claim 5 indirectly                    
        3   depends, requires that the second drive mechanism is normally disengaged.  If, as                
        4   argued by the Examiner, the second drive mechanism includes Sedwick’s seaming                    
        5   roll projection 16, the second drive mechanism cannot be normally disengaged                     
        6   from the seaming roll.  The Examiner has not established that there is anything else             
        7   from which seaming roll projection 16 and steel plate 19 are normally disengaged                 
        8   but become engaged as the double seaming roll is moved toward the double                         
        9   seaming chuck to perform a double seaming operation as required by the                           
       10   Appellant’s claim 1.                                                                             
       11          The Examiner, therefore, has not established a prima facie case of                        
       12   anticipation of the invention claimed in the Appellant’s claim 5.                                
       13                                                                                                    
       14                             Rejection under 35 U.S.C. § 103                                        
       15          The Appellant’s independent claim 17 requires a second drive mechanism                    
       16   comprising a first elastomeric frictional drive element mounted to rotate with a                 
       17   double seaming chuck, and a second elastomeric frictional drive element mounted                  
       18   to rotate with a double seaming roll, the first and second drive elements being                  
       19   oriented and configured to engage each other as the double seaming roll is moved                 
       20   toward the double seaming chuck prior to a double seaming operation.  The                        
       21   Appellant’s independent claim 21 requires a second drive mechanism comprising a                  
       22   plurality of o-rings.                                                                            
       23          Currie discloses a rotatable seaming chuck that prevents skidding of a                    
       24   beaded can end relative to the seaming chuck during a seaming operation                          
       25   (Currie 1:11-17).  The skidding is prevented by a resilient friction ring (68),                  
       26   preferably a commercially available o-ring of the type that easily can be replaced at            

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