Ex parte TOMARU et al. - Page 9




          Appeal No. 1997-3024                                                         
          Application 08/325,476                                                       

          4 and the distance C between the edge 10 of element 3 and the                
          edge 11 of plate 7.  Shibata states that when the width B and                
          the distance C correspond to the marks “o” in Table 3 in                     
          column 6, the edges of the coating are straight and of uniform               
          thickness.                                                                   
               The examiner’s position is that it would have been                      
          obvious to modify Shibata                                                    
               to use the support guides and nonpressurized support                    
               scraping as taught by [AAPA] . . . since Shibata                        
               teaches a method of coating using width regulation                      
               plates that are accurate and allow for less wear                        
               (column 4, lines 5-30) and [since] . . . [AAPA]                         
               teaches that it is conventional to use support                          
               guides and nonpressurized scraping extrusion heads                      
               when extrusion coating with regulation plates.                          
               [Answer, page 7.]                                                       
               It is questionable, in our view, that one of ordinary                   
          skill in the art would modify the apparatus and mode of                      
          operation of Shibata in the manner proposed by the examiner in               
          view of AAPA.  In any event, even if the prior art teachings                 
          relied upon by the examiner were combined in the manner                      
          proposed, we do not agree with the examiner’s bottom line                    
          position that the claimed subject matter would necessarily                   
          result.  What is missing from the examiner’s evidentiary basis               
          is a teaching of positioning the nearest point P of the upper                

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