Ex parte VOLLENWEIDER - Page 5

               Appeal No. 1998-2179                                                                          Page 5                 
               Application No. 08/433,231                                                                                           

                       Reist discloses an apparatus for the continuous winding-up or winding-off of                                 
               substantially flat products, such as printed products in an imbricated or shingled formation, into                   
               a package or from a package (column 1, lines 9-20).  The apparatus comprises a rotatably                             
               driven winding core member 19 and a conveyor 16 which merges with a conveyor band or                                 
               belt arrangement 14 having deflection rolls or rollers 15 and 29 trained by a pair of conveyor                       
               bands or belts 30 and 31.  The conveyor band or belt arrangement 14 is mounted on a frame                            
               28 which is upwardly biased by a spring 35 so that the conveyor bands or belts 30, 31 are                            
               forced against the outer circumference of the product W wound about the core member 19.  As                          
               illustrated in Figure 1, products Z are conveyed in imbricated form via the conveyor 16 to the                       
               conveyor band or belt arrangement 14 and transferred to the winding core member.                                     
                       Turning first to the examiner's rejection of claims 12, 19 and 20, the examiner finds that                   
               Newsome lacks a winding means as required by independent claim 12 but takes the position                             
               that it would have been obvious to provide Newsome with a winding means, as taught by                                
               Reist, for the purpose of winding the streams of blanks into rolls to facilitate the replacement                     
               and transportation of the rolls (answer, page 4).  With regard to this proposed modification of                      
               Newsome, the appellant argues that                                                                                   
                       [t]o wind up the formation 11 shown in Figure 3 of the Newsome reference                                     
                       makes no sense since the Newsome '896 patent teaches forming a uniform                                       
                       product stream 11 in order to facilitate the subsequent processing.  It would have                           
                       made no sense for a person skilled in the art to employ the apparatus as                                     
                       proposed by the Newsome '896 patent to store again in a roll the documents                                   
                       previously stored in stacks [brief, page 9].                                                                 

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