Appeal 2007-0513
Application 10/274,797
1 the double seaming roll is moved toward the double seaming chuck prior to
2 performing the double seaming operation . … Plate 19 remains
3 continuously engaged with the annular projection 13 of the chuck 2 both
4 before and after the double seaming roll is moved toward the double
5 seaming chuck.
6
7 The Appellant’s argument is well taken with respect to claim 8 which
8 requires that the second drive mechanism is normally disengaged from the double
9 seaming chuck’s rotational drive means. The Examiner argues that “the operation
10 of second drive means 16, 19 of Sedwick in just such a manner is clearly detailed
11 on page 2, lines 52 to 64 and 84 to 92, of Sedwick” (Answer 5). Those portions of
12 Sedwick indicate that the steel plate normally is disengaged from the seaming rolls,
13 but they do not indicate that the steel plate normally is disengaged from the
14 chuck’s rotational drive mechanism. Sedwick’s chuck and steel plate both are
15 attached to a rotatable spindle (Sedwick 1:91-92; 2:45-47).
16 The Examiner, therefore, has not established a prima facie case of
17 anticipation of the invention claimed in the Appellant’s claim 8 or its dependent
18 claims 10-12.
19 The Appellant’s claim 1, however, does not require that the second drive
20 mechanism is normally disengaged from the chuck’s rotational drive mechanism.
21 Claim 1 merely requires that the second drive mechanism is normally disengaged,
22 and becomes engaged as the double seaming roll is moved toward the double
23 seaming chuck to perform a double seaming operation. Sedwick’s spring plate is
24 normally disengaged from the double seaming rolls, and becomes engaged with the
25 double seaming rolls as they are moved toward the chuck to perform a double
26 seaming operation (Sedwick 2:10-26, 84-88).
27 The Appellant argues that Sedwick does not disclose that the spring plate
28 reduces the relative rotational speed between the double seaming roll and a
4
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Last modified: September 9, 2013