Ex Parte Hosel - Page 6





              Appeal No. 2004-0664                                                                                        
              Application 09/756,683                                                                                      
                     an apparatus is provided for monitoring and processing a web of textile                              
                     materials, such as cotton being processed in a textile mill.  The web                                
                     includes a plurality of entities such as cotton fibers, neps, leaf trash, seed                       
                     coat fragments, and other foreign matter.  The web is monitored by an                                
                     optical imaging unit, such as a video camera, and a monitor signal is                                
                     produced containing information corresponding to the content of the web,                             
                     including the location of entities in the web.  A computer receives the                              
                     monitor signal and determines the position of the entities based on the                              
                     location information and generates control signals based on the                                      
                     determined positions.  Web processing means receives the control signals                             
                     and processes the web in response thereto for reducing the amount of                                 
                     entities contained in the web [column 2, lines 8 through 20].                                        

                     As was the case with Leifeld, the examiner (see page 7 in the answer) concedes                       
              that the Shofner apparatus does not meet the limitation in independent claim 1 requiring                    
              an evaluating means for determining a distribution of useful fibers per area unit in the                    
              fiber web.  The rationale offered by the examiner to cure this shortcoming (see page 7                      
              in the answer) is identical to that presented with respect to Leifeld and suffers the same                  
              flaws, starting with an unsupported finding that Shofner meets the limitation in claim 1                    
              relating to the detection of useful fibers and empty locations in the web and the                           
              generation of signals representative thereof.                                                               
                     Consequently, we also shall not sustain the standing 35 U.S.C. § 103(a)                              
              rejection of claim 1 as being unpatentable over Shofner.                                                    







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