Appeal No. 2004-1523
Application 09/506,920
60) is positioned with its base (108) in the plane (110) so as to
assure that the folding edge (62) thereof acts upon the leading
edge (88) of the envelope blank in alignment with the score line
(76) and so that as the fold is executed the score line is
captured and maintained in a position contacting the vertically
oriented folding edge (62).2 There is no mention that the vacuum
of apertures (26) in any way provides control of a first portion
of a blank or web “by drawing and tightening said web against
said first entrance edge of said blade member” during the folding
operation, as in the apparatus claims on appeal, and no reason
stated by the examiner as to why such would necessarily occur.
In light of the foregoing, we will not sustain the
examiner’s rejection of independent claims 1, 34 and 35 under
35 U.S.C. § 102(e) as being anticipated by Smithe, nor that of
claims 2 through 7, 10, 11, 36 and 37 which depend therefrom.
2
2 We note in passing that reference character (62) in Figures 2,
3 and 5 of Smithe is incorrectly shown as pointing to the top
surface of the elongated guide bar (60) at the receiving end (64)
thereof, when in fact it should point to the vertically oriented
folding edge of the guide bar, as is made clear in Figures 6 and
8-18.
8
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