Ex Parte Jacobson et al - Page 14


         Appeal No. 2004-1912                                                       
         Application No. 09/808,584                                                 

         Rebentisch                                                                 
              The examiner’s position for this rejection is set forth on            
         page 7 the answer.  The examiner states that Rebentisch teaches            
         an apparatus having a metering bar 6 against the applicator to             
         meter a predetermined amount of coating and refers to Fig. 1 of            
         Rebentisch.                                                                
              Appellants respond to this rejection on page 10 of the                
         brief.  Appellants argue that Rebentisch discloses that the                
         doctor blade 6 reduces the adhesive to a desired thickness.                
         Appellants argue that Rebentisch does not disclose that the                
         doctor blade 6 is positioned against the applicator 3.                     
         Appellants argue that in fact Figs. 1 and 2 of Rebentisch depict           
         a gap between the doctor blade 6 and the applicator 3.                     
              In response thereto, on page 15 of the answer, the examiner           
         recognizes that Rebentisch does not explicitly state that the              
         doctor blade is positioned against the applicator.  However, the           
         examiner argues that the doctor blade is against the applicator            
         so as to reduce, and thereby meter, a predetermined amount of              
         coating, and provide a desired thickness of the coating, on the            
         conveyed article.                                                          
              We cannot find in Rebentisch (as recognized by appellants),           
         any explicit disclosure stating that the doctor blade is                   
         positioned against the applicator.  As pointed out by                      
         appellants, a gap is depicted in Fig. 1 and in Fig. 2.                     
              In view of the fact that Rebentisch lacks disclosure                  
         indicating that the metering bar is necessarily positioned                 
         against the applicator, we reverse this rejection.                         




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