Appeal No. 2005-1004 6
Application No. 09/656,333
stress. According to the examiner, the sheet grippers on
Schaede’s second sheet transport cylinder respond to these
limitations because they “raise to their opening position upon
stressing the spring element on a path from a surrender position
to an acceptance position” (answer, page 6).
The fair teachings of Schaede do not justify this last
finding. Clearly, the gripping assemblies on Schaede’s cylinder
4 must be open at the above noted surrender and acceptance
positions in order to permit the surrender and acceptance to
occur. Schaede does not provide any factual support for the
proposition that the gripping assemblies are actuatable for
executing one of a movement stressing the spring element assigned
thereto and a movement relieving the stress on the path from the
surrender position to the acceptance position. Indeed, the
depiction in Schaede’s drawings of the profiles on the cam disks
21 and 22 associated with the transfer cylinder 4 indicates that
the gripping assemblies do not undergo any movement along this
path. Hence, the examiner’s position that the subject matter
recited in claim 1 is anticipated by Schaede is not well founded.
Accordingly, we shall not sustain the standing 35 U.S.C.
§ 102(b) rejection of independent claim 1, and dependent claims
2, 8 and 10, as being anticipated by Schaede.
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