Ex Parte KUSTERMANN - Page 8




          Appeal No. 2001-0394                                                        
          Application 09/012,508                                                      



          for use in the drying section of a paper machine where the paper            
          web does not travel between opposing rolls.  See Appeal Brief,              
          page 8, second paragraph.  Although Heinzmann notes that air                
          guide boxes are suitable for use in conjunction with various                
          paper making equipment, none of the listed devices includes two             
          opposing rolls.  See Heinzmann, column 1, lines 9-18.  Thus,                
          Heinzmann is necessarily concerned with stabilizing the paper               
          web.  Heinzmann’s air guide box system is designed to control the           
          flow conditions in the air gap (see id., lines 32-37 and lines              
          57-65) but is not designed for removal of entrained air so as to            
          create a hermetic seal as required by Beisswanger.                          
                    We find no support in the teachings of the prior art              
          for the examiner’s conclusion that it would have been obvious to            
          have modified Beisswanger to include an air guide box system as             
          taught by Heinzmann for the purpose of improving web handling.              
          Therefore, we conclude that the examiner’s rejection can only be            
          based upon improper hindsight reasoning.  See W.L. Gore & Assocs.           
          v. Garlock, Inc., 721 F.2d 1540, 1553, 220 USPQ 303, 312-13 (Fed.           
          Cir. 1983), cert. denied, 469 U.S. 851 (1984) (“To imbue one of             
          ordinary skill in the art with knowledge of the invention in                


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