Ex parte RING - Page 5




          Appeal No. 96-3968                                                          
          Application No. 08/117,669                                                  


          fed.  For example, when a thick continuous paper sheet is fed,              
          the feed-in rollers 26a and 26b and incremented in eight pulses             
          to close the gap therebetween followed by eight pulses to widen             
          the gap.  Thus, the feed-in rollers 26a and 26b are not mounted             
          to have a "fixed gap" therebetween.  Since all the limitations of           
          claim 1 are not met by Nakamura, we will not sustain the                    
          examiner's rejection thereof under 35 U.S.C.  102(b).                      


               We will not sustain the examiner's rejection of claims 2               
          through 8, 10 through 14, 18 and 19 under 35 U.S.C.  103 as                
          being unpatentable over Nakamura, alone or in combination with              
          Jones and/or Hageman.  Similar to claim 1, these claims all                 
          require the guide elements/slow speed rolls to have a "fixed gap"           
          therebetween.  In rejecting these claims under 35 U.S.C.  103,             
          the examiner relied upon Nakamura as teaching this "fixed gap"              
          limitation.  However, as discussed above, we do not agree with              
          the examiner on this matter.  Since the "fixed gap" limitation is           
          not taught or suggested by the prior art applied by the examiner,           
          we will not sustain the examiner's rejection of claims 2 through            
          8, 10 through 14, 18 and 19 under 35 U.S.C.  103 as being                  
          unpatentable over Nakamura, alone or in combination with Jones              
          and/or Hageman.                                                             

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