Ex Parte Lubberts et al - Page 4



                Appeal 2006-2908                                                                                
                Application 10/370,840                                                                          

                             Slide plate 14 can be mounted at various set points 22 in                          
                       accordance with the measured bow in the extrudate.  Typically                            
                       the degree of bow in an extrudate is measured from the center                            
                       to ends.  In FIG. 1, slide plate 14 is aligned with set points 22e,                      
                       which provides an intermediate amount of bow correction.                                 
                       Setpoint 22a provides the minimum-correction position.                                   
                       Conversely, setpoint 22h provides the maximum-correction                                 
                       position.                                                                                
                Col. 3, ll. 7-20.  Consequently, it can be seen that the size of the aperture is a              
                result-effective variable that controls the amount of bow correction.                           
                       As appreciated by the Examiner, the bow deflector device of Grover                       
                does not comprise the claimed plurality of adjustable plates.  Rather,                          
                Grover’s device employs a single adjustable plate.  However, as pointed out                     
                by the Examiner, it has long been held that it is a matter of obviousness for                   
                one of ordinary skill in the art to duplicate known structures or elements of                   
                an apparatus or device.  Accordingly, we concur with the Examiner that it                       
                would have been obvious for one of ordinary skill in the art to either add an                   
                additional adjustable plate to the device of Grover to effect greater control of                
                the aperture size and shape, or to break the plate of Grover into two or more                   
                parts to provide more control of the dimensions for the aperture.  We find                      
                that this is particularly so since Grover expressly discloses that it was known                 
                in the art to use more than one adjustable plate in a bow deflector device.                     
                However, Grover articulates certain disadvantages of using more than one                        
                adjustable plate, namely,                                                                       
                             [w]hile this approach is sound in theory, problems have                            
                       been identified in practice and include high maintenance costs                           
                       from clogged and wore-down apertures causing extrudate flow                              
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