Ex Parte Gingras et al - Page 5



          Appeal No. 2006-0111                                                        
          Application 09/900,746                                                      

          new roll (page 8, ll. 25-31).  Perini teaches that this “changeover”        
          is a “critical operation” and takes place with web material that is         
          “substantially dry” (sentence bridging pages 8-9).  Perini further          
          teaches that the presence of moisture or liquid impregnating the web        
          material “would make the changeover difficult or would in some cases        
          even render it impossible,” with the consequence that the winding           
          process could not be performed continuously (page 9, ll. 1-4).  We          
          determine that these teachings of Perini alone would have suggested         
          that breaking of wet web material in the changeover zone would have         
          been unlikely to produce the objective of appellants’ invention,            
          i.e., winding of the wet web into a roll, and the artisan would have        
          been led in a path divergent from appellants’ invention.  Appellants        
          were proceeding against the conventional wisdom as taught by Perini,        
          who taught that the web material risks breakage through weakness            
          caused by moistening (page 8, ll. 6-7).  Additionally, we determine         
          that the entire tenor of the Perini reference teaches away from             
          appellants’ invention.  Perini repeatedly teaches that the                  
          moistening solution should be applied to the web material after the         
          tearing or cutting of the web material (i.e., the “interruption             
          zone”; see page 2, ll. 5-12; page 3, ll. 1-30; page 4, ll. 3-5; page        
          7, ll. 16-21; page 9, ll. 28-31; and page 10, ll. 8-11).  Perini            
          further teaches that the nozzles should be located “[i]n order to           
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