Ex parte SIMMONS, JR. et al. - Page 5




          Appeal No. 2001-0553                                                        
          Application 09/218,910                                                      


          consequence of our review, we have made the determination that              
          the examiner’s above-noted rejections will not be sustained.                
          Our reasons follow.                                                         


          After having reviewed the applied prior art references to                   
          Armington and Stanford, we are of the opinion that there is no              
          teaching, suggestion or incentive in such references, or                    
          otherwise specified by the examiner, which would have led one               
          of ordinary skill in the art at the time of appellants’                     
          invention to modify the stock roll cart of Armington in the                 
          manner urged by the examiner.  The examiner’s assertions                    
          (answer, page 4) that a                                                     


          dancer roller is “notoriously well known in the art to measure              
          the tension of a feeding web” and that a dancer roller is                   
          “inherently going to be providing substantial uniform constant              
          tension as the dancing roller adjusts to accommodate different              
          tensions,” may generally be true, but do not provide any                    
          reason, suggestion or motivation for attempting a modification              
          of the stock roll cart in Armington based on the entirely                   


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