Appeal No. 2005-2297 Παγε 4
Application No. 10/143,209
dielectric constant, static electric charge, physical composition, and
combinations thereof [specification at page 6].
The position of the detour is adjusted to provide equal path lengths for the web
substrate in response to the value of the physical characteristic of the web substrate
prior to the web substrate contacting the detour (specification at page 7). The
specification discloses that for a web substrate to have equal path lengths each cross-
machine direction (CD) point of the web substrate must travel an equal geometric
distance (equal path geometry) across a folding surface (specification at page 1).
The examiner has rejected claims 1 to 9, 11 and 16 to 20 under 35 U.S.C.
§ 102(b) as being anticipated by Wessman. We initially note that a claim is anticipated
only if each and every element as set forth in the claim is found, either expressly or
inherently described, in a single prior art reference. Verdegaal Bros. Inc. v. Union Oil
Co., 814 F.2d 628, 631, 2 USPQ2d 1051, 1053 (Fed. Cir.), cert. denied, 484 U.S. 827
(1987). The inquiry as to whether a reference anticipates a claim must focus on what
subject matter is encompassed by the claim and what subject matter is described by the
reference.
The examiner is of the opinion that Wessman describes the invention as claimed
(see answer at page 3).
The appellant argues that Wessman does not describe the measurement of a
physical (intrinsic) property of the web substrate and the adjustment of the detour in
response to the value of the physical characteristic. In appellant’s view, Wessman is
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007