Ex parte SYTEMA - Page 11




          Appeal No. 95-4371                                                          
          Application No. 08/064,440                                                  


          claim 1, contrary to appellant’s statement on page 1 of the                 
          reply brief.                                                                
               We cannot sustain the § 102(b) rejection of claims 6 and               
          9. Although Feighofen’s belt ends b diverge from each other,                
          they do not extend in opposite directions to thus lie                       
          diametrically opposite from each other as required by claim 6.              
          With regard to claim 9, Feighofen’s unit does not have an                   
          underside facing the belt in an arrangement in which the belt-              
          receiving channels extend from that underside to be form-                   
          closed in the longitudinal direction.                                       
               With regard to claim 12, which is rejected under § 103,                
          the recitation that the unit “comprises a carrier” does not                 
          distinguish the claimed structure from Feighofen since                      
          Feighogen’s connector unit is inherently capable of                         
          functioning as a “carrier.” Claim 13 also does not distinguish              
          from Feighofen since an integral part of one of Feighofen’s                 
          clamping plates is inherently capable of functioning as a                   
          “carrier.” For these reasons we will sustain the § 103                      
          rejection of claims 12 and 13, it being noted that the                      
          rejection of these claims under § 103 is nonetheless proper                 


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