Ex parte BROOME - Page 6




          Appeal No. 97-2968                                                          
          Application 08/531,077                                                      


               The Roller reference uses a regular cylindrical shape                  
               which may allow axial slippage of the belts with                       
               respect to the rollers, however, Moss discloses a                      
               ‘crowned’ roller shape that aids in the correct                        
               positioning of the flat elongated belt-type material as                
               stated in column 4 line 15 through column 5 line 25.                   
               Therefore, it would have been obvious to one of                        
               ordinary skill in the art at the time the invention was                
               made to modify the roller of Roller by shaping it in                   
               the form of a ‘crowned roller’, as taught by Moss, in                  
               order to insure proper guiding and centering of the                    
               belt material around the belt take-up member. [Page 8.]                
               We will not support the examiner’s position.  The mere fact            
          that the substitution of crowned rollers such as that taught by             
          Moss at 84 for the straight rollers 58 of Roller would result in            
          proper guiding and centering of the belt does not serve as a                
          proper motivation or suggestion to combine the teachings of these           
          references.  Instead, it is the teachings of the prior art which            
          must provide the motivation or suggestion to combine the                    
          references.  See In re Fritch, 972 F.2d 1260, 1266, 23 USPQ2d               
          1780, 1783-84 (Fed. Cir. 1992).  Here, we find no such                      
          suggestion.  While the examiner is correct in noting that Moss              
          utilizes crowned rollers 84 for correcting the position of the              
          belt-like material 70 (i.e., ribbon) as it passes through a high            
          speed band printer, we must point out that this correction is               
          done in the context of correcting misalignment of the ribbon due            
          to (1) forces caused by the proximity of the paper 41 as it                 


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