Ex Parte Blanchard et al - Page 3



            Appeal No. 2006-1463                                                          Page 3              
            Application No. 10/703,932                                                                        


                                                     OPINION                                                  
                   In reaching our decision in this appeal, we have given careful consideration               
            to the appellants’ specification and claims, to the applied prior art, and to the                 
            respective positions articulated by the appellants and the examiner.  As a                        
            consequence of our review, we make the following determinations.                                  
                   Each of the appellants’ method claims 1-8 requires steps of feeding sheets                 
            along a path to the bottom of a stack, and either shifting the stack laterally from               
            one position to another position lateral of the path and back to the one position or              
            selectively shifting a stacker carriage on which the sheets are accumulated between               
            one position and another position while feeding the sheets.  Tsai discloses a sheet               
            stacking offsetting system for the offset stacking of sheets or sets of sheets being              
            outputted by a printer or other reproduction apparatus, the system comprising a                   
            stacking tray that is reciprocatingly moved back and forth between two positions                  
            by rotation of a disk or crank with an eccentric pin cam 18 so that sheets can be                 
            stacked in offset sheet stacks 14, 16, as illustrated in Figure 2.  The examiner                  
            concedes that Tsai fails to disclose feeding sheets to the bottom of the stack.                   
            Citing as motivation the disclosure of Irvine (col. 1, ll. 57-64), the examiner                   
            contends that it would have been obvious to modify Tsai by feeding printed sheets                 
            to the bottom of the stack, “as disclosed by Irvine, for the purpose of preventing                
            sheets from binding, bending, tearing, or failing to fully enter a stack as a result of           
            gravity feeding” (answer, p. 3).                                                                  








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