Ex Parte Noe et al - Page 8

             Appeal Number: 2006-1694                                                                           
             Application Number: 10/131,607                                                                     

             that, if no crossbow is introduced by the strip processing device, the crossbow                    
             remains eliminated downstream of the strip processing device.                                      
                                                  Claims 5-7                                                    
                   The examiner argues that the specification does not indicate what effect is                  
             eliminated in claims 5-7 (answer, pages 6-7).  As stated in claims 5 and 6 the effect              
             is waviness, and as stated in claim 7 the effect is strip camber.                                  
                   The examiner argues that the specification does not instruct one skilled in                  
             the art how the integration in claim 5 is performed and included in the control                    
             signal, how the sliding mean value in claim 6 is computed and included in the                      
             control signal, and how the filtering in claim 7 is performed or the control signal                
             modified (answer, pages 6-7).  The examiner has not explained why the                              
             specification would have failed to enable one of ordinary skill in the art to carry                
             out the recited integration, formation of the sliding mean value and filtering                     
             without undue experimentation.  The examiner’s mere assertion that the appellants’                 
             references to those steps in the specification is speculative (answer, page 6) is not              
             adequate for carrying that burden.                                                                 
                                                   Remand                                                       
                   As indicated above, the examiner’s interpretation of claim 3 as requiring                    
             elimination of crossbow caused by the processing device is overly narrow.  We                      


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