Appeal 2006-1543
Application 10/239,769
The Examiner further rejects claims 21, 33, and 34 on the basis that
“there is nothing that teaches, suggests, or infers that charged particles are
applied to the heated belt, nor electrostatic means relative to the heatable
dryer belt per claims 21, 33-34.” (Answer 6). Appellants argue that this
allegation is without merit citing the original Specification at page 13, lines
21-30. This argument is not persuasive, however, because the portion of the
original Specification cited by Appellants merely discloses applying the
treatment agent to the web surface “via a roll or belt by charging the belt,
then adhering the powder to this transfer means.” Nowhere does this portion
of the original Specification mention using the dryer belt as the transfer
means. We cannot agree with Appellants that this portion of the original
Specification would convey to the artisan that Appellants were in possession
of the concept of using the dryer belt as the transfer means.
There is some confusion on the record with regard to the rejection of
claims 31 and 32. In the final rejection, the Examiner rejected these claims
on the additional basis that “[n]owhere is there a disclosure of applying anti-
stick material to a heatable belt of a dryer.” (Answer 4). Appellants found
this to be less than clear, but argued that the language was supported (Br. 8).
The rejection reproduced in the Answer does not specifically reject claims
31 and 32 on the additional basis articulated in the final rejection. In the
Response to Argument section of the Answer, the Examiner responds to
Appellants’ argument by stating that “[t]he teachings are for a heated belt
being run against a coating on a base web (as admitted by Applicants’ own
arguments on top of page 9), not on ‘the surface of the base web.’” (Answer
9-10). Appellants argue in the Reply Brief that the Examiner has made a
new ground of rejection which is untimely (Reply Br. 2-3). Appellants,
10
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