Ex parte LOTSCH - Page 7




          Appeal No. 2000-0582                                                        
          Application 08/851,017                                                      


          carriage can be performed significantly faster than driving                 
          to a desired position by an adjusting motor” (page 4).                      
          Hence, Wieland’s motor 37, 54 and its method of use do not                  
          meet the “braking” limitations in claims 1 and 3.  Since                    
          Wieland does not disclose any other structure or steps                      
          responding to these limitations, the examiner’s                             
          determination that this reference discloses each and every                  
          element of the invention set forth in claims 1 and 3, and in                
          claim 8 which depends from claim 3, is not well taken.                      




               Accordingly, we shall not sustain the standing 35                      
          U.S.C.                                                                      
          § 102(b) rejection of claims 1, 3 and 8 as being anticipated                
          by Wieland.                                                                 
          II. The 35 U.S.C. § 103(a) rejection of claims 2 and 7                      
               Claims 2 and 7 depend from claims 1 and 3,                             
          respectively, and pertain to a sensor or detection system                   
          for identifying a desired sheet alignment position.  In                     
          short, Malachowski’s disclosure of a sheet alignment device                 
          having such a sensor or detector system fails to overcome                   

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