Appeal 2006-1042
Application 10/208,131
(3) pertaining to claim 14 (and claim 34), whether Barut discloses “a
web straightener located along the path of the web of foldable material
upstream from the skis for automatically centering the web of foldable
material along a centerline of the path” (Br. 9-10; Answer 8). We address
each issue below.
Issue 1: Plurality of skis mounted on the frame for
pivoting adjustment about an axis (Claim 1)
We first address Appellants’ embodiment in independent claim 1. As
noted above, the key issue with respect to independent claim 1 centers on the
claim limitation “a plurality of skis mounted on the frame for pivoting
adjustment about an axis extending laterally of the longitudinal direction of
movement of the web” (Br. 5; Answer 7).
According to the Examiner, Barut anticipates independent claim 1 by
disclosing
an apparatus for forming folds in a foldable
material in a continuous operation that comprises a
frame (11) for receiving a moving web (4) along a
path defining a longitudinal direction of movement
of the web through the apparatus, and a plurality of
skis (7,8) mounted on the frame (11) via a plurality
of mounting rods (12) for engaging the web (4) as
the web moves through the apparatus; wherein the
skis (7, 8) are adjustable for different thickness of
material and pivotable about one of the mounting
rods (12) during adjustment [Answer 3].
The Examiner explains that, in Barut’s apparatus, “each end of the mounting
rod (12) is mounted to one side of the frame (11) through vertical slots on
5
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