Ex parte SKOW et al. - Page 10

          Appeal No. 96-1883                                                          
          Application 08/078,380                                                      

          acute angles of less than 30E” (page 2), which includes the 20              
          degree angle specified in claim 28 as well, we might add, as the            
          lesser angles recited in claims 29 through 31.  Thus, it would              
          appear to us from this statement that one of ordinary skill in              
          the art would have found it prima facie obvious to utilize the              
          angles set forth in the appellants’ claims in this type of                  
          article-carrying device, depending upon the results desired, such           
          as the distance the article is carried from the working surface             
          and the speed at which it is moved.  The same rationale applies             
          to the ratio between the length and width of the openings.  In              
          arriving at this conclusion, we note that the appellants have not           
          disclosed in their specification or urged in their Brief that the           
          values set forth in claim 28 are critical in that they produce              
          unexpected results.  Rather, they distinguished their invention             
          on the basis of the following statement made on page 2 of the               
          substitute specification:                                                   
               None of the known systems . . . is formed of a                         
               plurality of layers . . . which can be made flexible.                  
               None . . . disclose outlets which can have relatively                  
               small length-to-width ratios while ejecting air at                     
               small acute angles, and none discloses outlets that                    
               create an angular, non-linear stepped path for the                     
          However, Whelan is not among the references cited as                        
          demonstrating the state of the art, and thus the quoted comment             


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