Appeal No. 1998-1562 Page 8
Application No. 08/611,416
760, 772, 218 USPQ 781, 789 (Fed. Cir. 1983), cert. denied,
465 U.S. 1026 (1984)).
Claim 1 on appeal reads as follows:
In combination, a lap processing machine having a
working position for receiving and unwinding a lap roll
thereat and a reserve position for receiving a reserve
lap roll; and means for moving said reserve lap roll from
said reserve position to said working position, said
means being pivotally mounted to move with a received
reserve lap [sic, roll] thereon towards said working
position to move the received reserve lap roll from said
reserve position towards said working position in an
arcuate manner during pivoting of said means.
Rejection as anticipated by Eichenberger
We agree with the appellants' argument (brief, pp. 8-10
and reply brief, pp. 2-4) that claim 1 is not anticipated by
Eichenberger. In that regard, we agree with the appellants
that Eichenberger's receiving device 6 is not pivotally 5
mounted to move with a received reserve lap roll thereon
towards the working position. Contrary to the position set
5Eichenberger's receiving device 6, including struts 14
and 14a and rods 16 and 17, is pivotable about a pivot axis 15
as shown in Figure 2.
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