Appeal No. 1996-0345 Page 5
Application No. 08/101,999
to the curvature of the backing roll. Rather, Barusten
states:
In order to attain the coating with the best quality
with respect to uniformity in the web coating, the
blade coating before the installation area and/or
within, and on the successive bevelled surface is
formed with a tiled or convex round surface if
possible. This indicates that a curved shape
without any sharp edged areas is provided on the
blade coating in these areas and is suitably
attained through a similar gradual polishing
procedure after coating [translation, page 14,
emphasis added].
This suggests that Barusten's use of rounded surfaces is
intended to avoid sharp edges which could impact on the
uniformity of the coating. In any case, Barusten does not
suggest adapting the contour of the surface of operation of
the blade to the contour of the support roller.
Rejections based on 35 U.S.C. § 103 must rest on a
factual basis. In making such a rejection, the examiner has
the initial duty of supplying the requisite factual basis and
may not, because of doubts that the invention is patentable,
resort to speculation, unfounded assumptions or hindsight
reconstruction to supply deficiencies in the factual basis.
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