Ex Parte Blenke et al - Page 13



                 Appeal 2006-1042                                                                                       
                 Application 10/208,131                                                                                 
                                  Issue 3: Web straightener for automatically                                           
                                  centering the web of foldable material along                                          
                                  a centerline of the path (Claims 14 and 34)                                           
                        Next, we review the rejection of claim 14 over Barut.  Claim 14                                 
                 further limits claim 1 by requiring that the apparatus for forming folds                               
                 further comprises “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.”                                                  
                        According to the Examiner, “[w]ith respect to claim 14, the apparatus                           
                 of BARUT further comprises a web straightener comprising guide rollers (5)                             
                 mounted upstream of the ski (7,8), wherein the straightener (5) is designed                            
                 to function such that it automatically and correctly  centers the web (4) along                        
                 a centerline of the path of the web” (Answer 4).                                                       
                        Appellants argue that “Barut discloses two guide rollers (5) between                            
                 which the sheet (4) passes before the sheet moves through the pleating track                           
                 (6).  As explained below with respect to claim 34, Barut fails to disclose that                        
                 the guide rollers can straighten (i.e., laterally shift) the sheet as it passes                        
                 through the rollers” (Br. 10).  The Examiner maintains that the rollers 5 of                           
                 Barut “structurally and functionally satisfy the claimed straightener”                                 
                 (Answer, para. bridging cols. 8-9).                                                                    






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