Appeal No. 2004-1354
Application 09/855,929
Turning first to the examiner's rejection under 35 U.S.C.
§ 102(b) based on Dickhoff, we note that the examiner’s position,
insofar as it addresses claim 1 on appeal, is that Dickhoff
discloses a folder unit (Fig. 1) comprising side walls (16, 17)
and a plurality of rollers (10, 11), wherein the side walls “have
recesses 19a and 19b for receiving framework 19 including
delivery rollers 7” (answer, page 3). On page 5 of the answer,
the examiner further urges that the side walls (16, 17) of
Dickhoff have front sides pointing downstream and asserts that
the “recesses/openings 19a and 19b are considered to ‘point
downstream’.”
Our first problem with the examiner’s position is that
elements (19a) and (19b) of Dickhoff’s folder unit, identified
by the examiner as being recesses or openings, are actually
described in the Dickhoff patent (col. 4, lines 10-18) and shown
in drawing Figures 1 and 2 as being, respectively, “bearings 19a”
on both side panels (16, 17) associated with the pivot arms (19,
20) of the pressure roller unit (4), and the “lower end 19b” of
pivot arms (19, 20). However, assuming that the examiner is
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