Ex Parte Blanchard et al - Page 5



            Appeal 2007-1364                                                                                  
            Application 10/437,576                                                                            
                   (4) Whether Appellants have shown that the Examiner erred in rejecting                     
            claims 9-11 as unpatentable over Stobb and AAPA.                                                  

                                           FINDINGS OF FACT                                                   
                   We find the following facts by a preponderance of the evidence:                            
                  1. Stobb teaches a paper web cutter for cutting across the width of a moving                
                      web of paper in locations along the length of the web, for severing the                 
                      web in two sections (Stobb, abs.)                                                       
                  2. Stobb is concerned with providing a web cutting device which combines                    
                      the conveying element and cutting members in order to allow the web to                  
                      be cut while moving at a high speed (Stobb, col. 1, ll. 30-35).                         
                  3. In one embodiment of Stobb, the web W is severed across its entire width                 
                      by individual cutters 87 mounted on the circumference of conveyor                       
                      cylinder 96 (Stobb, col. 5, ll. 46-60).                                                 
                  4. The web W is pressed against the circumference 97 of the conveyor                        
                      cylinder 96 by the timing belt 93, which includes openings 94 spaced                    
                      across the width of the belt for receiving the cutters 87 (Stobb, col. 5, ll.           
                      53-60).                                                                                 
                  5. Stobb teaches that the timing belt 93 is trained on three pulleys such that              
                      the belt is pressed against the cylinder surface, extending across the                  
                      circumference on opposite sides of the location of the cutter 87 (Stobb,                
                      col. 6, ll. 8-22 and Fig. 12).                                                          



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