Ex parte ELTGEN - Page 7




          Appeal No. 98-0978                                                          
          Application 08/505,650                                                      



          performing some function.  While broad, this limitation is not              
          indefinite.  With respect to claim 10, the examiner states                  
          that it cannot be accurately determined if the properties of                
          the web or the spacing between the removal and depositing                   
          stations are responsible for the special feature claimed for                
          the apparatus of the claim.  In our view, however, the fact                 
          that either one of these may be responsible merely denotes                  
          that the claim is broad rather than indefinite.  Finally, with              
          respect to claim 18, the recitation of a magnetic hardenable                
          material, even if a double inclusion from the hardenable                    
          material limitation of claim 10, does not render the claim                  
          indefinite, inasmuch as the metes and bounds of the invention               
          can be readily determined.                                                  
                    Turning to the three rejections based on prior art,               
          it is our finding that the prior art of record is silent with               
          respect to the necessity of providing a web with low thermal                
          inertia.  The prior art also does not recognize that the low                
          thermal inertia feature is necessary to permit the change of                
          the depositing pattern with each cycle of the web.                          



                                          7                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007