Ex Parte OECHSLE et al - Page 4




              Appeal No. 2003-0353                                                                Page 4                
              Application No. 09/452,157                                                                                


              we note that the most suitable definition of web is "a continuous sheet of paper                          
              manufactured or undergoing manufacture on a paper machine" and the most suitable                          
              definition of sheet is "a usually rectangular piece of paper; especially: one                             
              manufactured for printing.3                                                                               


                     In the U.S. Patent Classification System, the line between Class 226,                              
              ADVANCING MATERIAL OF INDETERMINATE LENGTH, and Class 271, SHEET                                          
              FEEDING OR DELIVERING, is based on disclosure of the material acted upon.                                 
              Patents which clearly disclose feed or delivery of sheet-like articles only, are placed in                
              Class 271, even though such structure is capable of feeding web material.  Patents                        
              which clearly disclose movement of web material as well as sheets and claim means                         
              which is capable of moving either are placed in Class 226.  Thus, the U.S. Patent                         
              Classification System clearly differentiates sheets from webs as would a person of                        
              ordinary skill in the art.  While webs and sheets may be equivalent in some instances                     
              and therefore it may have been obvious at the time the invention was made to a person                     
              of ordinary skill in the art to have utilized Rodi's ink drying process on printed webs,                  
              such a modification of Rodi is only appropriate in a rejection under 35 U.S.C. § 103.4                    



                     3 Definitions obtained from Merriam-Webster Dictionary (http://www.m-w.com/home.htm).              
                     4 No rejection under 35 U.S.C. § 103 is before us in this appeal.                                  







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