Ex Parte UEBERSCHAR et al - Page 6



          Appeal No. 2001-2440                                                        
          Application 09/309,066                                                      

               The examiner has not explained how the teaching of                     
          simultaneous dosing slot and doctor element adjustment in DE ‘183           
          would have fairly suggested to one of ordinary skill in the art             
          who applied McAleavey’s method to a paper or cardboard web,                 
          maintaining either the metering element actuating force or the              
          volume of coating medium substantially constant while the other             
          is reduced as required by the appellants’ claim 1.  The examiner,           
          therefore, has not carried the burden of establishing a prima               
          facie case of obviousness of the appellants’ claimed invention.             
                                      DECISION                                        
               The rejections under 35 U.S.C. § 103 of claims 1-6 and 8-11            
          over McAleavey in view of DE ‘183, and claim 7 over McAleavey in            
          view of DE ‘183 and Ueberschär, are reversed.                               












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