Appeal No. 96-0362
Application No. 07/909,350
Anticipation by Dwyer
The examiner states that all of the elements of Claim 1 are
met by Dwyer. According to the examiner, the recited bending
means is met by Dwyer’s magnetic head 60 or pressure pad 66.
Examiner’s Answer at 4.
Appellants argue that Claim 1 is not anticipated by Dwyer
because Dwyer does not disclose a bending means to eliminate the
transverse curl of the photosensitive material as recited.
We agree with Appellants.
Interpreting the claim term “eliminate” in light of the
Specification, we find that it refers to flattening the
photosensitive material across its entire width. The
Specification describes prior art shown in Figure 1 of the
Specification in which transverse curl exists at the transverse
edges 16 of photosensitive material 12. Specification at 1, line
38 through 2, line 5 and at 6, lines 4-8. In contrast, the
Specification explains, the invention will eliminate that curl.
Specification at 6, lines 24-26.
Therefore, we disagree with the examiner’s position that the
claims do not call for a means that eliminates entire transverse
curl. Examiner’s Answer at 7.
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Last modified: November 3, 2007