Ex Parte SOLANKI et al - Page 5



          Appeal No. 2004-1523                                                        
          Application 09/506,920                                                      

          the first guide member (60) to control a first portion of a                 
          moving web by drawing and tightening the web against the first              
          entrance edge of the first blade member during the folding                  
          operation.  More particularly, on page 13 of the answer, the                
          examiner indicates that                                                     
               The folder of Smithe et al. consists of a blade member (62),           
               a guide member (60), and a holder mechanism (24, 26).  The             
               holder mechanism (24, 26) is a vacuum table described in               
               column 5, lines 41-45 as a means for retaining the material            
               conveyed through the folder apparatus in a desired position.           
               Although Smithe et al. does not use the words “drawing” and            
               “tightening” to describe the effect of the vacuum on the               
               material conveyed along the blade member (62) and guide                
               member (60), one skilled in the art would deem it inherent             
               that the material would be drawn and tightened against the             
               first entrance edge of the blade (62).  The first entrance             
               edge of the blade member (62) has been interpreted to be the           
               portion of the blade member (62) along which the edge (76)             
               of the material conveyed in guided along (figure 5) at the             
               initial entrance area of the material to the blade member              
               (62).                                                                  

          Like appellant (brief, pages 5-8), we fail to see that the                  
          sheet folding apparatus of Smithe discloses each and every                  
          element of the claimed invention as arranged and set forth in               
          claims 1, 34 and 35 on appeal.  In particular, we agree with                
          appellant’s assessment that the vacuum table (24) and apertures             
          (26) therein of Smithe do not define a first holder mechanism               
          joined to a first guide member to control a first portion of the            


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