Ex parte STONEHAM et al. - Page 5

          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.                                              


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

Last modified: November 3, 2007