Appeal 2006-1042
Application 10/208,131
pleating sections of Barut are capable of pivoting adjustment about an axis
extending laterally of the longitudinal direction of movement of the web.
Claims 3 through 8, 15 through 17, and 31 through 33, ultimately
dependent from claim 1, were not separately argued and, therefore, stand or
fall with claim 1.
Accordingly, we sustain the rejection of claims 1, 3 through 8, 15
through 17, and 31 through 33 as being anticipated by Barut.
Issue 2: Material guide for engaging the web of
foldable material to form a fold in cooperation
with a ski (Claims 9 and 18)
We now turn to the rejection of dependent claim 9 on the same
grounds. Claim 9 requires that the apparatus of claim 1 “further comprises a
material guide for engaging the web of foldable material to form the material
in cooperation with one of the skis to produce one of the folds.” The key
issue in this claim involves the interpretation of the above noted claim
limitation (Br. 9; Answer 8).
Appellants’ arguments appear to interpret this limitation as restricted
to their embodiment illustrated in Figure 4 and described on page 15, lines
12-16 of the specification (“The material guides 95 engage the web W just to
the inside and just to the outside of the inner and outer skis 45 of the set 43
to fold the web around those skis making certain a fold F is formed by the
outer longitudinal edges 101 of the runner 49”). The Examiner, on the other
hand, interprets this claim limitation more broadly as “not [requiring] that
9
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