Ex Parte Kayser - Page 12




              Appeal No. 2003-0298                                                                Page 12                 
              Application No. 09/497,797                                                                                  


              from the water-based ink can be minimized while still preventing condensation of water                      
              into the ink.  Moreover, by controlling the humidity within the atmosphere surrounding                      
              the print and/or blanket cylinders, the temperature set point can be set at a static value                  
              (e.g., 93-95 degrees Fahrenheit).                                                                           


              The rejection                                                                                               
                     In the rejection before us in this appeal (final rejection, pp. 2-3), the examiner                   
              (1) ascertained1 that Van Haag does not have a computer which uses temperature and                          
              moisture sensors to control a fan for regulating humidity in the space (i.e., the space                     
              formed between the sides of housing 32, roll stacks 6 and 7 and the web of sheet                            
              material 3) by adding or removing air2; and                                                                 
              (2) concluded that it would have been obvious to one of ordinary skill in the art at the                    
              time the invention was made to modify the apparatus and method of Van Haag to use                           
              the temperature and humidity control system of Palmatier to adjust temperature and                          
              humidity within the calender housing (i.e., Van Haag's housing 32).3  The examiner then                     


                     1 After the scope and content of the prior art are determined, the differences between the prior art 
              and the claims at issue are to be ascertained.  Graham v. John Deere Co., 383 U.S. 1, 17-18, 148 USPQ       
              459, 467 (1966).                                                                                            
                     2 The examiner did not ascertain the actual differences between Van Haag and each of the             
              independent claims at issue.                                                                                
                     3 The examiner did not determine that the actual differences between Van Haag and each of the        
              independent claims at issue would have been obvious at the time the invention was made to a person of       
              ordinary skill in the art.                                                                                  






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