Ex parte BELEC - Page 10




          Appeal No. 97-1890                                                          
          Application 08/338,707                                                      


          the art.                                                                    
               Upon a closer review of Kapp, we fail to find that Kapp                
          teaches that the time of the envelope transport is related to               
          the collation transport only by way of determined events                    
          occurring in the transport of each collation and envelope.                  
          Kapp teaches a paper feeder apparatus having only one tray                  
          which is capable of accommodating papers of different sizes as              
          well as envelopes using different storage trays which are to                
          be inserted by the operator for each respective use.   See                  
          column 2, line 50, through column 3, line 11.  Kapp does not                
          teach an apparatus that provides both kinds of transports in                
          the same apparatus much less providing the timing as recited                
          in Appellants' claim 4.  There-fore, we will not sustain the                
          Examiner's rejection of claims 4 and 5.                                     
               In view of the foregoing, the decision of the Examiner                 
          rejecting claims 1 through 3 under 35 U.S.C. § 103 is                       
          affirmed; however, the decision of the Examiner rejecting                   
          claims 4 and 5 through 23 under 35 U.S.C. § 103 is reversed.                
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
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