Ex parte BLUEMLE - Page 3




          Appeal No. 95-3922                                                          
          Application No. 08/123,587                                                  


               Claims 23-26 and 29-41 stand rejected for obviousness                  
          (35 U.S.C. § 103) over Heitmann in view of Wommer, Shigeta,                 
          and Bianchetto.  Claim 28 stands rejected under the same                    
          section of the statute and the same references above further                
          in view of Martin.                                                          
               We reverse.                                                            
               As evidence of obviousness of the claimed subject matter               
          on appeal, the examiner principally relies on Heitmann which                
          describes an apparatus for joining ends of webs together.                   
          After pointing out the similarities between Heitmann's                      
          apparatus and the claimed apparatus (generally see the Answer               
          at page 3), the examiner acknowledges that Heitmann fails to                
          meet the terms of the claim to the apparatus in a number of                 
          particulars.  Thus, the examiner states at page 4, the Answer               
          that:                                                                       
                    Although the journal shafts of Heitmann are                       
                    located within the gap between the guide                          
                    rollers, it would have been a mechanical                          
                    design choice to laterally separate them                          
                    such that they were situated outside of the                       
                    gap between the guide rollers [emphasis                           
                    added].                                                           
               In appellant's Specification at page 4, line 21 through                
          page 5, line 8 it is indicated that the press-on heads of                   
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