Ex parte FROHLICH - Page 6




                 Appeal No. 2001-2616                                                                                                                   
                 Application No. 09/101,704                                                                                                             


                 machine speed, wherein the winding tubes are driven by a core                                                                          
                 drive of a winding device.                                                                                                             


                          In rejecting appellant’s claims under 35 U.S.C. § 103(a),                                                                     
                 the examiner relies upon the combined teachings of DE-‘847 and                                                                         
                 Orbach.  As recognized by the examiner (answer, pages 4 and 5)                                                                         
                 the rolling, winding, and cutting machine of DE-’847 lacks a                                                                           
                 longitudinal cutter, a second support roll, and disks that are                                                                         
                 adjustable.   From our perspective, even if one having5                                                                                                                  
                 ordinary skill in the art would have been motivated to rework                                                                          
                 the machine of DE-’847 in light of the teaching of Orbach of                                                                           
                 slitting a web and winding onto two support rolls,  we                                    6                                            
                 perceive no suggestion whatsoever in the evidence before us                                                                            


                          5Based upon the examiner’s statements (answer, pages 4                                                                        
                 and 7), it appears that the examiner may have viewed the disks                                                                         
                 of DE-’847 as inherently adjustable. We discern no basis for                                                                           
                 this inherency determination in the DE-’847 teaching.                                                                                  
                 Nevertheless, the examiner also indicates (answer, page 5)                                                                             
                 that it would have been obvious to make the disks of DE-’847                                                                           
                 adjustable.                                                                                                                            
                          6As set forth on page 6 of the translation of DE-’847,                                                                        
                 the installation of a longitudinal cutting device also allows                                                                          
                 the width of the material web to be subdivided in such a way                                                                           
                 that a plurality of finished rolls of different widths can be                                                                          
                 made.                                                                                                                                  
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