Ex Parte Thomas - Page 4



                 Appeal 2006-2301                                                                                         
                 Application 10/606,988                                                                                   

                 different speeds relative to each other in order to produce a skidding action                            
                 that results in a smooth surface board.  As recognized by the Examiner,                                  
                 Brossy is silent with respect to disclosing the use of a pulling apparatus                               
                 downstream of the oven.  However, Barry evidences that it was known in the                               
                 art to employ a pulling apparatus on a board of fibrous material downstream                              
                 from an oven through which the material passes.  Accordingly, based on the                               
                 collective teachings of Brossy and Barry, we fully concur with the Examiner                              
                 that it would have been obvious for one of ordinary skill in the art to                                  
                 incorporate a pulling apparatus of the type disclosed by Barry in the method                             
                 of Brossy for making a smooth surface board.  Inasmuch as Brossy teaches                                 
                 that a smooth surface board is made by causing the fibrous material to skid                              
                 by having the upper and lower conveyors travel at different speeds, it would                             
                 have been obvious for one of ordinary skill in the art to have the pulling                               
                 apparatus pull at a speed different from the speed of the upper or lower                                 
                 conveyor.  In our view, one of ordinary skill in the art would have                                      
                 understood that the pulling apparatus can be the only force for effecting                                
                 different speeds through the oven, or the pulling apparatus can be used in                               
                 conjunction with the upper and lower conveyors operating at different                                    
                 speeds.  Manifestly, the principle remains the same for effecting a smooth                               
                 board, i.e., the upper and lower surfaces of the board are conveyed at                                   
                 different speeds to effect a skidding action which produces a smooth surface.                            
                         Appellant submits that neither of the applied references teaches or                              
                 suggests using a pulling apparatus to pull the surfaces of the fibrous material                          

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