Ex Parte NITSCHKE et al - Page 6


             Appeal No. 2001-0083                                                                                   
             Application 08/975,267                                                                                 
                    Kubo is directed to the use of a mold transfer mechanism for use in a tire                      
             vulcanization machine, which is capable of automatically setting and aligning a tire                   
             vulcanizing mold on a vulcanizing machine (Column 1, lines 6-11).  Given the                           
             similarities involved in each process and their overall configuration, i.e. the heated                 
             spaces to cause an effect on a workpiece, the individual mold portions, the automated                  
             process, and the alignment, we additionally find that Kubo is reasonably pertinent to the              
             particular problem with which the inventor is involved, and, therefore, analogous art.                 
                    The Appellants further urge that even if this combination were to be made, it                   
             would not result in the claimed invention.                                                             
                    First, it is stated by the Appellants that McMaster II moves the upper mold                     
             support to provide horizontal alignment and there is no movement of the lower mold                     
             support to provide alignment with the upper mold.  (Appeal Brief, page 5, lines 4-7).  We              
             disagree with both the Appellants’ claim interpretation, and their assessment of the prior             
             art.                                                                                                   
                    As regards the Appellants’ claim, we note that nothing in the instant claims                    
             excludes alignment of both the upper and lower mold portions.  Furthermore, the                        
             presently claimed lower mold support assembly provides support while “permitting                       
             horizontal alignment of the lower mold with the upper mold.”  In other words, the lower                
             mold support could hold still and yet permit alignment.                                                
                    Turning now to the cited art, McMaster II clearly states that the “upper mold                   
             support 26 and lower mold shuttle 20 are accurately registerable together via the                      
             registration means 22, 30 when the upper mold support is moved relatively toward the                   
             lower mold shuttle”  (Col. 4, lines 1-4) and “the upper mold support 26 and lower mold                 


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