Appeal No. 2002-1164
Application 09/159,767
portion of the web to be folded. Further, Kishine’s oscillatory
shooter assembly folds the web in zigzag fashion only along the
cross perforations, not the cut lines, and none of the folds in
the web coincides with a cut line. Finally, Kishine’s cutting
assembly operates only when a mark is detected by the sensor, not
continuously as the web travels along the web traveling path.
Although the Kishine apparatus arguably could be controlled to
operate in accordance with the functional claim limitations at
issue (we see no suggestion in Kishine to actually do so), it is
not so controlled as described in the reference, and hence does
not embody structure expressly or inherently capable of
performing the specified functions.
Thus, Kishine fails to teach each and every element of the
apparatus set forth in independent claims 9, 16 and 17.
Accordingly, we shall not sustain the standing 35 U.S.C. § 102(b)
rejection of claims 9, 16 and 17, and dependent claims 10 through
15 and 18, as being anticipated by Kishine.
SUMMARY
The decision of the examiner to reject claims 9 through 18
is reversed.
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