Ex parte BUSSEY, III et al. - Page 2




                 Appeal No. 2001-1381                                                                                                                   
                 Application 08/826,741                                                                                                                 


                 Patent No. 2,345,072 to Rosenleaf et al. (Rosenleaf) in view                                                                           
                 of U.S. Patent No. 5,207,138 to Sato et al. (Sato).                                         1                                          


                          At issue is whether the combined teachings of Rosenleaf                                                                       
                 and Sato would have suggested a machine meeting the                                                                                    
                 limitations in claims 1 and 26 requiring a base roll for                                                                               
                 supporting the conveyed web during passage through the                                                                                 
                 perforating or severing station.  In the decision, we                                                                                  
                 concluded that they would “because the web passing through                                                                             
                 Rosenleaf’s machine is necessarily supported by the lower                                                                              
                 rotor [base roll] 16 via one of its knives 17-20 during the                                                                            
                 perforating or severing operation . . .  .  In this regard,                                                                            
                 the limitations at issue do not require direct contact between                                                                         
                 the base roll and the conveyed web” (page 8).  Essentially                                                                             
                 repeating arguments earlier made in their briefs, the                                                                                  
                 appellants dispute that the web passing though the Rosenleaf                                                                           
                 machine is so supported by rotor 16.  According to the                                                                                 
                 appellants,                                                                                                                            


                          1In the decision, we also sustained the examiner’s 35                                                                         
                 U.S.C. § 103(a) rejection of dependent claims 3, 9 through 11,                                                                         
                 13, 28 and 31 through 34 as being unpatentable over Rosenleaf                                                                          
                 in view of Sato.                                                                                                                       
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