Appeal No. 1999-1398 Page 10
Application No. 08/559,496
of claim 43. We also will sustain the rejection of dependent claims 44-47, the separate
patentability of which have not been argued before the Board.
As for claim 48, which requires that a second nip be formed in the suction means, in
response to the appellant’s argument, it is our view that this limitation would be the inherent
result of adding a press roll nip at Schmitt’s suction roll 117, for roll 119 is disclosed as
forming a nip with the same suction roll 117. The rejection of claim 48 is sustained.
Independent claim 1 stands rejected on the same basis as claim 43. The
arguments raised by the appellant are the same as those set out against the rejection of
claim 43, with emphasis on the fact that claim 1 requires a second extended nip, which
also is not taught by the applied references. With regard to claim 43, we concluded that it
would have been obvious to utilize extended nip rolls in place of conventional nip rolls in
view of the teachings of Wicks, DE ‘404 and G ‘340. That reasoning is equally applicable
with regard to claim 1, and we will sustain the rejection. We also will sustain the rejection
of dependent claims 2-16, 24, 33 and 39-42, which were not separately argued before the
Board.
The appellant has argued that the teachings of the references applied against claim
49, which depends from claim 1 through claim 16, fail to render the subject matter of the
claim obvious. Claim 49 states that the hose roll further comprises a second press shoe
and the second extended nip is formed between the center roll and the second press shoe
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