Appeal No. 1999-2851
Application No. 09/127,347
examiner is improperly attempting to pick and choose teachings as the examiner finds
appropriate to meet the language of independent claim 1. This is inappropriate; therefore,
this argument/position is not persuasive. Here, the examiner goes on at great length that
the claimed invention would have been obvious (answer at pages 4-5), but we find that the
examiner has provided no teaching or recognition of the problem of poor print quality with
significant change in the take-up spool diameter. Therefore, we find that the examiner’s
rejection is based upon speculation and lacks evidence to support the examiner is
contention concerning maintaining the take-up spool diameter in a relation as recited in the
claim. Therefore, we will not sustain the rejection of claim 1.
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