Ex Parte Blenke et al - Page 14



                 Appeal 2006-1042                                                                                       
                 Application 10/208,131                                                                                 
                        We note that Barut’s Figure 3 shows sheet 4 following a horizontal                              
                 path through the apparatus from the point where it leaves guide rollers 5 to                           
                 the point where the final product is received.  Sheet 4 is drawn from a supply                         
                 roller 3 and is centered along that horizontal path.  As the material from                             
                 roller 3 is depleted, it is apparent that the portion of the sheet 4 that extends                      
                 between the supply roller 3 and the guide rollers 5 will deviate from the                              
                 “centerline” of this horizontal path.  That is, the portion of sheet 4 will                            
                 become angularly inclined, rather than horizontal, as the roller 3 becomes                             
                 depleted of material.  Guide rollers 5 serve to maintain sheet 4 horizontally                          
                 centered along the path through Barut’s apparatus even when the position of                            
                 sheet 4 between supply roller 3 and guide rollers 5 becomes angularly                                  
                 inclined.  Thus, Barut’s guide rollers 5 perform the function of                                       
                 “automatically centering the web of foldable material along a centerline of                            
                 the path [i.e., from a vertical perspective].”                                                         
                        Accordingly, we sustain the rejection of claim 14 under 35 U.S.C.                               
                 § 102(b) as being anticipated by Barut.                                                                
                        Independent claim 34 differs from independent claims 1 and 18 in that                           
                 it does not require the pivoting function of the skis or the material guide.                           
                 Like claim 14, claim 34 requires a web straightener.                                                   
                        Appellants argue “Barut discloses a pair of rollers (5) through which                           
                 the sheet (4) passes upstream of the pleating track (6).  There is no                                  
                 disclosure anywhere in Barut, however, that the rollers are capable of                                 
                 automatically correcting the position of the sheet (4) laterally (e.g.,                                
                 widthwise) of the sheet in the manner of the web straightener recited in                               
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