Appeal 2006-2047
Application 10/257,927
relative speeds of the roll and the metal strip. See In re Woodruff, 919 F.2d
1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990).4
With regard to the rejection of claim 3 on appeal, Appellants merely
repeat the same arguments as discussed above (Br. 6). Accordingly, we
adopt the Examiner’s findings and conclusion of law as set forth in the
Answer at page 8 for reasons stated above.
With regard to the rejection of claims 6-7, Appellants’ only new
argument is that Innes is far removed from the suggestion of any particular
range (Br. 8; Reply Br. 4). This argument is not well taken since Innes
clearly suggests optimizing the relative speeds of the various rolls used in
reverse roller coating, including having a strip speed substantially less than
the peripheral speed of the applicator roll, which has a speed faster than the
transfer roll, which roll has a faster speed than the take-up roll (i.e., the
“pick-up roll”) (Innes 4:23-68). Accordingly, we determine that one of
ordinary skill in this art would have routinely optimized the speed of the
various rolls, as well as the metal strip speed, depending on the desired
properties of the coating film, in view of the teachings of Innes. See In re
Aller, supra.
For the foregoing reasons and those stated in the Answer, we
determine that the Examiner has established a prima facie case of
obviousness in view of the reference evidence. Based on the totality of the
record, including due consideration of Appellants’ arguments, we determine
4 Although the Examiner has not applied Innes against claim 1 on appeal, we note that
Innes teaches that the “strip speed should be substantially below that of the applicator
roll” for advantageous results in roller coating of metal strips (Innes 4:30-37).
Accordingly, in the event of further or continuing prosecution, the Examiner and
Appellants should consider the teachings of Innes with respect to the patentability of at
least claim 1 on appeal.
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