Ex Parte Blenke et al - Page 11



              Appeal 2006-1042                                                                      
              Application 10/208,131                                                                
                    The Examiner contends that “the apparatus of BARUT further                      
              comprises two material guides (30) for engaging the web (4) and each guide            
              cooperates with one of the skis (8) to form a fold in the web” (Answer 4).            
                    Appellants argue:                                                               
                          There is no disclosure found anywhere in Barut,                           
                          nor is it shown in the figures thereof, that the L-                       
                          shaped corner pieces (30) act in cooperation with                         
                          one of the pleating sections to produce one of the                        
                          folds (e.g., between the corner piece and a pleating                      
                          section). In fact, Barut states that “each                                
                          intermediate band has simply slid along the corner-                       
                          piece flange which was supporting it.”  See page 5,                       
                          lines 2-4 of the translation. Thus, Barut fails to                        
                          show or otherwise even suggest 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 [Br. 9].                                         

                    We note that Figure 4 of Barut shows the L-shaped corner piece 30               
              interacting with the outermost profiled section 8.  We also note that L-              
              shaped corner piece 30 extends the length of the apparatus in the same                
              manner as profiled sections 7, 8 (Figures 1 and 2).  Thus, as the web                 
              progresses through Barut’s apparatus, a fold will be formed by the                    
              cooperation of the L-shaped corner piece 30, the associated outermost                 
              profiled section 8, and the profiled section 7 which is adjacent to the               
              outermost profiled section 8.  This fold will be formed between the                   
              outermost profiled section 8 and adjacent profiled section 7 in a manner              
              similar to the fold shown in Barut’s Figures 4 through 6. We understand that          
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