Ex parte HABLE et al. - Page 7




          Appeal No. 1997-2686                                                        
          Application 08/346,635                                                      


          examiner also observes that the “adjacent” and “further away”               
          recitations of claim 15 are met by use of the Eggebeen belt in              
          the Von Behren cartridge [answer, pages 6-7].                               
          Appellants argue that Eggebeen has no teaching of                           
          inserting the two-layer belt such that the layer of high                    
          stiffness material is adjacent to the tape pack and the low                 
          stiffness material is further away from the tape pack [brief,               
          pages 7-8].  Appellants also argue that Eggebeen teaches that               
          a two-layer belt is less desirable than a belt having a blend               
          of polymers in a single layer [id., page 8].  Finally,                      
          appellants argue that the examiner’s interpretation of                      
          “adjacent” is                                                               


          unreasonable as it directly contradicts the teaching                        
          throughout the specification [id., page 9].                                 
          With respect to appellants’ second argument, we agree                       
          with the examiner that Eggebeen’s teaching that a single layer              
          of blended materials is preferable to two laminated layers                  
          does not repudiate Eggebeen’s teaching that two-layer belts                 
          had been successfully used.  With respect to appellants’ first              
          and third arguments noted above, we agree with the examiner                 
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