Ex Parte Bayer et al - Page 2




             Appeal No. 2004-0622                                                          Page 2              
             Application No. 09/875,602                                                                        


                                               BACKGROUND                                                      
                   The appellants’ invention relates to a doctor blade device which can remove                 
             excess water from the soft surface of a printing machine roller without damaging the              
             roller surface and without removing an ink layer possibly adhering to it (specification,          
             page 4).  A copy of the claims under appeal is set forth in the appendix to the                   
             appellants’ brief.                                                                                
                   The examiner relied upon the following prior art references of record in rejecting          
             the appealed claims:                                                                              
             Laverick                               4,632,030                 Dec. 30, 1986                    
             Bock (British patent specification)    1,381,941                 Jan. 29, 1975                    

                   The following rejections are before us for review.                                          
                   Claim 11 stands rejected under 35 U.S.C. § 112, second paragraph, as being                  
             indefinite for failing to particularly point out and distinctly claim the subject matter which    
             appellants regard as their invention.                                                             
                   Claims 1-4 and 6 stand rejected under 35 U.S.C. § 102(b) as being anticipated               
             by Bock.                                                                                          
                   Claims 7-11 stand rejected under 35 U.S.C. § 103 as being unpatentable over                 
             Laverick in view of Bock.                                                                         
                   Rather than reiterate the conflicting viewpoints advanced by the examiner and               
             the appellants regarding the above-noted rejections, we make reference to the answer              
             (Paper No. 15) for the examiner's complete reasoning in support of the rejections and to          





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