Ex Parte Seaver et al - Page 17




                Appeal No. 2005-0381                                                                             Page 17                  
                Application No. 09/841,380                                                                                                


                uniform smooth coating onto a web (Hess, col.1, ll. 39-50).  Hall describes a way to accomplish                           
                smoothing of a coating.  There is ample suggestion within the prior art references for                                    
                incorporating the smoothing rollers of Hall into the apparatus of Hess.                                                   
                        We conclude that the Examiner has established a prima facie case of obviousness with                              
                respect to the subject matter of claims 44-50 which has not been sufficiently rebutted by                                 
                Appellants.                                                                                                               
                                                           OTHER ISSUES                                                                   
                        We bring to the Examiner’s and Appellants’ attention a patent that has issued from the                            
                application (S.N. 09/757,955) discussed on page 9 of Appellants’ specification, namely, U.S.                              
                Patent 6,737,113 issued to Leonard et al. on May 18, 2004 (Leonard).5  Figure 17 depicts a                                
                coating needle 181 which applies a coating to a circulating conductive transfer belt surface 182                          
                which then moves through pick and place rolls to a nip point between rolls 179 and 190 wherein                            
                the coating is transferred to a target web 189 (see also col. 12, ll. 5-66).  The apparatus appears                       
                to operate to place a continuous coating on the belt before the drops land as recited in claim 33.                        
                We also direct attention to column 15, lines 19-23 which suggests the use of electrostatic                                
                spraying.                                                                                                                 
                        We also bring the Examiner’s and Appellants’ attention U.S. Patent 5,326,598 issued to                            
                Seaver et al. on July 5, 1994 also discussed at page 9 of the specification.  Seaver describes an                         



                        5Leonard appears to be prior art under 35 U.S.C. § 102(e).                                                        







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