Ex parte SKINNER et al. - Page 11




                     Appeal No. 2000-2024                                                                                                                                              
                     Application No. 09/059,207                                                                                                                                        


                                We do not consider this rejection to be well taken.  In                                                                                                
                     the Hardigg apparatus, as noted previously, pivoting is                                                                                                           
                     provided so that the heating assembly 18 can move                                                                                                                 
                     horizontally, but in the Konaka apparatus camming means 142                                                                                                       
                     causes the receiver 85 to move only along a vertical axis, not                                                                                                    
                     horizontally.   We therefore agree with appellants that4                                                                                                                                     
                     Hardigg would not provide any teaching or suggestion to pivot                                                                                                     
                     receiver 85 of Konaka instead of using camming means, since                                                                                                       
                     Hardigg's pivoting means is used to provide horizontal                                                                                                            
                     movement, and Konaka's camming means is used to provide                                                                                                           
                     vertical movement.                                                                                                                                                
                                Accordingly, the rejection of claims 15 and 16 will not                                                                                                
                     be sustained.  However, we will sustain the rejection of                                                                                                          
                     claims 17 and 18, since appellants' only argument as to                                                                                                           
                     rejection (3) is that Hardigg would not suggest substitution                                                                                                      
                     of a pivoting action, and a pivoting action is not recited in                                                                                                     
                     claims 17 and 18.                                                                                                                                                 
                     Rejection (4)                                                                                                                                                     
                                This rejection will not be sustained for the reasons                                                                                                   

                                4Except insofar as it rotates about the axis of wheel 22,                                                                                              
                     which is not relevant here.                                                                                                                                       
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