Ex parte UNGER et al. - Page 8

          Appeal No. 1998-1805                                                        
          Application No. 08/596,734                                                  

          of ordinary skill in the art in view of the showing of                      
               Fornelli discloses an apparatus for dying a continuous                 
          web of fabric.  It comprises a vertically oriented chamber                  
          filled with dye or the like through which the web is passed.                
          Both the inner and the outer walls of the chamber are provided              
          with saw-tooth configurations so, as shown in detail in Figure              
          2, there is a succession of narrowings and widenings in the                 
          width of the chamber.  The impregnating fluid is not under                  
          static pressure in the chamber, which is not sealed at the                  
          ends.  Significantly, Fornelli’s objective is to produce                    
          “turbulence in the treating liquid” (column 1, lines 16-17;                 
          column 2, line 34) in order to better penetrate the web with                
          the dye (column 2, lines 36-37).  Notwithstanding the fact                  
          that Fornelli does not use the term “pressure” anywhere in the              
          reference, the examiner insists that “Fornelli teaches using a              
          surface with multiple serrations to produce a dynamic pressure              
          drop to provide better penetration of the coating fluid into                
          the web” (Answer, page 4).                                                  
               The appellants have challenged this conclusion, and have               
          engaged in a discussion with the examiner regarding such                    

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