Ex Parte Ryan et al - Page 12

                Appeal  2007-1799                                                                            
                Application 10/036,991                                                                       
                mailpiece is sanitized as it passes by the gap along the feed path between the               
                first set of guide walls and the second set of guide walls.                                  
                      The combination of Call and Stirling is discussed above.  According                    
                to Appellants, the combination of Call and Stirling fails to teach a transport               
                belt which travels along an edge of the first set of guide walls and an edge of              
                the second set of guide walls (Br. 14-15).  We disagree.  As discussed above,                
                Stirling teaches an irradiation apparatus comprising a primary shield that                   
                includes a channel (e.g., first and second guide walls) that accommodates a                  
                conveyor means (Stirling, col. 3, ll. 44-47).  Stated differently, the conveyor              
                means travels along an edge of the first and second set of guide walls.                      
                While Appellants’ Specification discloses an embodiment wherein the guide                    
                walls are replaced with vertically oriented transport belts (Specification 13:               
                ¶ 041), claim 13 does not require the transport belts to be vertically oriented.             
                To the contrary, claim 13 reads on a horizontal transport belt positioned in                 
                the channel of the primary shield, e.g., between the first and second set of                 
                guide walls, that travels along an edge of the first and second set of guide                 
                walls.  Accordingly, Appellants fail to distinguish Stirling’s conveyor means                
                from their transport belt.                                                                   
                      For the foregoing reasons, we affirm the rejection of claim 13 under                   
                35 U.S.C. § 103(a) as unpatentable over the combination of Call and                          
                Stirling.  Claims 14 and 15 fall together with claim 13.                                     
                                                                                                            







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