Ex parte BROGER et al. - Page 13




                 Appeal No. 1998-1562                                                                                    Page 13                        
                 Application No. 08/611,416                                                                                                             


                          The appellants have grouped claims 1 and 2 as standing or                                                                     
                 falling together.   Thereby, in accordance with 37 CFR7                                                                                                       
                 § 1.192(c)(7), claim 2 falls with claim 1.  Thus, it follows                                                                           
                 that the decision of the examiner to reject claim 2 under 35                                                                           
                 U.S.C.                                                                                                                                 
                 § 102(b) is also affirmed.                                                                                                             


                          Turning next to claim 21, we agree with the appellants'                                                                       
                 argument (brief, p. 13) that claim 21 is not anticipated by                                                                            
                 Johannsson.  In that regard, we agree with the appellants that                                                                         
                 the limitation "said reserve position is spaced from said                                                                              
                 working position a distance which would permit a reserve lap                                                                           
                 roll in said reserve position to overlap  with a full lap               [8]                                                            
                 roll in said working position" is not disclosed by Johannsson.                                                                         
                 Specifically, the presence of Johannsson's flap 24 as shown in                                                                         



                          7See page 6 of the appellants' brief.                                                                                         
                          8The term "overlap" as used in claim 21 does not mean                                                                         
                 that the reserve lap roll physically overlaps the working lap                                                                          
                 roll but instead means that the virtual position of a full                                                                             
                 reserve lap roll would overlap the virtual position of a full                                                                          
                 working lap roll as set forth on page 22, lines 15-22, of the                                                                          
                 specification.                                                                                                                         







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