Ex parte RING - Page 9

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

               Implicit in this rejection is the examiner’s view that the             
          above noted modifications of Gergely would result in an apparatus           
          which corresponds to the apparatus recited in claims 1, 2, 9 and            
          22 and a method which corresponds to the method recited in claims           
          24 and 26 in all respects.                                                  

               The appellant's arguments (brief, pp. 12-15) are                       
          unpersuasive for the following reasons.  First, Gergely discloses           
          in Figure 1, a pair of spaced plates (unnumbered) for guiding the           
          web 18 from tractors 26 to the rollers 10 and 12.  These spaced             
          plates are readable on the claimed guide elements/plates having a           
          "fixed gap" therebetween.  Second, we agree with the examiner               
          that the appellant has not rebutted the examiner's determination            
          (answer, p. 8) that the spaced plates of Gergely inherently                 
          prevent the formation of a form bubble.  Third, we agree with the           
          examiner (answer, pp. 12 and 14) that the size of the gap between           
          the spaced plates of Gergely is a result effective variable since           
          the size of the gap would have been set according to the actual             
          thickness of the web being conveyed.  Fourth, we agree with the             
          examiner that an artisan would have interpreted the zigzagged               
          line above roller 34 in Figures 6 and 7 of Gergely as being a               
          representation of a spring to bias roller 34 towards roller 36.             


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