Ex Parte YAPEL et al - Page 3



          Appeal No. 2002-0931                                                        
          Application No. 09/037,625                                                  


               Appellants’ claimed invention is directed to an apparatus              
          for coating a fluid over a splice on a moving web.  The apparatus           
          comprises a coating die which delivers the coating fluid across a           
          coating gap onto the moving web.  The apparatus also comprises a            
          vacuum system which generates a reduced pressure along the lower            
          surface of the coating die, which system includes a vacuum gap              
          with the moving web in the coating position.  The apparatus also            
          includes a controller for adjusting the coating gap and the                 
          vacuum gap in order to accommodate a splice on the web during the           
          continuous coating of the fluid.                                            
               Appealed claims 1-13 and 15-25 stand rejected under 35                 
          U.S.C. § 103 as being unpatentable over JP ‘074 in view Finnicum            
          and DE ‘345.                                                                
               Upon careful consideration of the opposing arguments                   
          presented on appeal, we find ourselves in agreement with                    
          appellants that the examiner has not established a prima facie              
          case of obviousness for the claimed apparatus.  Accordingly, we             
          will not sustain the examiner’s rejection.                                  
               The examiner appreciates that JP ‘074, while disclosing an             
          apparatus for coating a fluid on a moving web wherein the coating           
          gap is adjustable during the coating operation, provides no                 
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