Ex Parte YAPEL et al - Page 4



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

          disclosure of a vacuum system of the type claimed.  As a result,            
          the examiner relies upon the combined teachings of Finnicum and             
          DE ‘345.  Finnicum, however, fails to disclose any adjustment in            
          the vacuum gap between the vacuum system and the moving web.                
          Rather, Finnicum  discloses regulating the speed of the motor               
          which generates the vacuum such that the pressure differential              
          across the coating bead can be increased in response to a splice            
          on the coating web.  Accordingly, the combined teachings of JP              
          ‘074 and Finnicum would not have resulted in the claimed system             
          which includes the vacuum gap being adjustable during the                   
          continuous coating of the fluid.                                            
               The examiner’s further reliance on DE ‘345 does not remedy             
          the deficiency in the combined teachings of JP ‘074 and Finnicum.           
          In relevant part, DE ‘345 discloses that “[s]ince the [vacuum]              
          housing can be adjusted independently from the pouring device on            
          a planetary path concentric to the casting roll, the gap                    
          initially set between the housing and the casting roll can remain           
          and thereby a defined mode of operation can be sustained even               
          after an adjustment” (page 4 of English translation, third                  
          paragraph, emphasis added).  Hence, it can be seen that DE ‘345             



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