Ex Parte Stebnicki et al - Page 5

                Appeal 2006-2990                                                                                  
                Application 11/005,250                                                                            
                FF3. Lapeyre (Lapeyre, col. 3, ll. 18-25) teaches:                                                
                              These ribs 20 are cooperative with like arrays of                                   
                              ribs on adjacent links 10 such that the ribs remain                                 
                              substantially in interdigitated meshing relationship                                
                              during curved movement of the conveyor in the                                       
                              conveying plane thereby to provide an effectively                                   
                              continuous conveying surface without gaps in the                                    
                              conveying surface between the links through                                         
                              which articles can fall or become lodged.                                           
                FF4. None of the ribs 20 is illustrated in Fig. 1 of Lapeyre in contact with                      
                any rib of an adjacent link.  Lapeyre’s Fig. 1 shows gaps between all ribs 20                     
                of adjacent links.  Moreover, Fig. 1 appears to illustrate the sharpest possible                  
                angle between links, or, in other words, the smallest possible radius of                          
                curvature, as the radially inner most portions of facing surfaces of arm 24 of                    
                section 12 and arm 52 of section 14 are in contact with one another.                              
                Additionally, the outermost ribs 20 of adjacent links, shown at the top of                        
                Lapeyre’s Fig. 1, in the region where gaps would be of greatest concern                           
                during curved movement of the conveyor, are illustrated close to but quite                        
                conspicuously out of contact with one another.                                                    
                FF5. The term “mesh” has at least the following ordinary and customary                            
                meanings: “1 to entangle or become entangled  2 to engage or become                               
                engaged: said of gears or gear teeth  3 to fit closely together; interlock”                       
                (Webster's New World Dictionary 891 (David B. Guralnik ed., 2nd Coll. Ed.,                        
                Simon & Schuster, Inc. 1984)).                                                                    
                FF6. Lapeyre’s teachings (FF3) with regard to the “interdigitated meshing                         
                relationship” between arrays of ribs 20 on adjacent links 10 is at best                           
                ambiguous, when read as a whole, especially in light of the illustration in                       
                Fig. 1 (FF4), as to whether the ribs 20 of adjacent links actually contact or                     
                engage one another or merely fit closely together (see FF5).  Lapeyre                             

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