Ex Parte NITSCHKE et al - Page 7


             Appeal No. 2001-0083                                                                                   
             Application 08/975,267                                                                                 
             shuttle [are] accurately aligned by the registration means.”  (Col. 4, lines 13-15).   The             
             lower mold is capable of movement to be aligned with the upper mold in McMaster II.                    
                    The Appellants further argue that Kubo fails to teach the support of a lower mold               
             for horizontal movement for alignment with an upper mold during cyclical operation of                  
             the apparatus, relying on the setting of the upper and lower molds together on the                     
             platen of a tire vulcanization apparatus at the beginning of a production cycle.  (Appeal              
             Brief, page 5, lines 13-18).   In response, the Examiner notes that it is the support                  
             assembly of Kubo which is being added to the McMaster II apparatus. (Examiner’s                        
             Answer, page 5, lines 14-15).                                                                          
                    We agree with the Examiner.  Kubo’s support assembly, not the mold assembly,                    
             is being added to the McMaster II apparatus.  Motivation for this substitution is clearly              
             found in the Kubo discussion of automating the first step of placing the mold into the                 
             vulcanization machine, to save on time and work, thereby reducing costs.  (Kubo,                       
             column 2, lines 2-12).                                                                                 
                    Finally, the Appellants argue that this combination fails to provide a lower mold               
             shuttle and a lower mold support assembly between which a lower mold is cyclically                     
             transferred to permit horizontal alignment of the lower mold with the upper mold as                    
             necessary   This is said to be so because McMaster II involves movement of the upper                   
             mold and Kubo initially aligns both the upper and lower mold portions.  (Appeal Brief,                 
             page 5, line 20 - page 6, line 7).   We disagree.                                                      
                    As noted above, McMaster II allows alignment of both the upper and lower mold                   
             halves during the downward stroke of the apparatus.  See, especially, the discussion at                
             McMaster II, column 4, lines 1-6, and lines 50-58.  Further Kubo’s mold type is not at                 


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