Ex Parte OECHSLE et al - Page 2




              Appeal No. 2003-0353                                                                Page 2                
              Application No. 09/452,157                                                                                


                                                   BACKGROUND                                                           
                     The appellants' invention relates to a process as well as a system for drying a                    
              fibrous material web, in particular a paper, tissue, or cardboard web (specification, p. 1).              
              A copy of the claims under appeal is set forth in the appendix to the appellants' brief.                  


                     Claims 1 to 6, 9 to 16, 18 to 24, 28 and 29 stand rejected under 35 U.S.C.                         
              § 102(b) as being anticipated by U.S. Patent No. 5,115,7411 to Rodi.                                      


                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                      
              the appellants regarding the above-noted rejection, we make reference to the answer                       
              (Paper No. 25, mailed August 19, 2002) for the examiner's complete reasoning in                           
              support of the rejection, and to the brief (Paper No. 24, filed August 5, 2002) and reply                 
              brief (Paper No. 26, filed October 21, 2002) for the appellants' arguments thereagainst.                  


                                                       OPINION                                                          
                     In reaching our decision in this appeal, we have given careful consideration to                    
              the appellants' specification and claims, to the applied prior art reference, and to the                  
              respective positions articulated by the appellants and the examiner.  As a consequence                    
              of our review, we make the determinations which follow.                                                   

                     1 Issued May 26, 1992.                                                                             







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