Appeal No. 95-2382
Application 07/955,671
photographic materials facing upwards (brief, page 6).
Appellants conclude that, since the only complete chilling
chamber is shown with the photographic materials facing upwards,
it is likely that this is the true construction of the apparatus
(brief, page 7).
Appellants’ arguments are not well taken for several
reasons. As noted by the examiner on page 11 of the answer,
Figure 9 of EP ‘493 is specifically disclosed as “an embodiment”
of the invention, not as further description of the embodiment in
Figures 5, 7 and 8 (see page 15, lines 13-16). The embodiment of
Figure 9 is completely different than the embodiment of Figures
5, 7 and 8, with Figure 9 directed to “an embodiment of a new
coating machine” with an angled chilling chamber (page 18, lines
16-25) while Figures 5, 7 and 8 have a horizontal chilling
chamber. In fact, Figure 9 specifically requires a turning
roller 24 to reverse the web so that the photographic material
faces upwards before the web enters the angled chilling chamber
(see page 18, lines 21-22, and Figure 9). No such turning roller
is depicted or taught for the embodiments of Figures 5, 7 and 8.
There is no evidence that any such turning roller was
contemplated in EP ‘493 for the embodiment of Figures 5, 7 and 8.
The photographic material clearly faces downward from the web in
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007