Appeal No. 2005-2297 Παγε 7
Application No. 10/143,209
We turn lastly to the examiner’s rejection of claims 13 to 15 under 35 U.S.C.
§ 103 as being unpatentable over Wessman in view of Whitley. The examiner relies on
Whitley for describing a web adjustable tensioning/position control device with first and
second contacting edges.
We have examined the disclosure of Whitley and determined that it does not
disclose or suggest the adjustment of a folding detour in response to the measurement
of a physical characteristic of the web substrate and therefore the Whitley disclosure
does not cure the deficiencies noted above for the Wessman disclosure in relation to
the rejection of claim 1 from which claims 13 to 15 depend. Therefore, we will not
sustain this rejection for the same reasons noted above in regard to the rejection of
claim 1.
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