Appeal No. 97-2904
Application 08/565,457
close valve 134 to thereby switch the transport between two
modes of operation. In one mode of operation, valve 134 is
open to provide a high negative pressure for retaining the
sheet against the conveyor belt. In the other mode of
operation, in which the sensor senses a pressure change caused
by transportation of the sheet, the controller closes valve
134 to reduce the negative pressure in chamber 108.
The examiner concedes that Horikawa does not expressly
disclose that the reduced negative pressure in the second
operating mode is small enough to permit relative movement
between the sheet and the transport. He nevertheless maintains
on page 4 of the answer that such a reduction in the negative
pressure will inherently permit relative movement between the
sheet and the transport as recited in claim 1.
In relying upon the theory of inherency, the examiner
must provide a basis in fact and/or technical reasoning to
reasonably support the determination that the allegedly
inherent feature necessarily flows from the teachings of the
applied reference. See Ex parte Levy, 17 USPQ2d 1461, 1464
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