Appeal 2007-1525
Application 10/664,628
The Examiner also correctly finds that Hagfors discloses an average
surface roughness (Ra) of between 1 to 30 µm (i.e., 0.001 to 0.03 mm)
(Hagfors, col. 4, ll. 25-27) (Answer 7).
The Examiner believes that Hagfors’ above-disclosed range of
roughness values supports his belief that the protruding fibers of Patentee’s
transfer belt would possess an average length range which overlaps
Appellant’s claim 1 range (Answer 8).
In response, Appellant states that, if a random distribution of fiber
angles is assumed, the exposed lengths of Hagfors’ fibers would be in the
range from approximately 0.006 mm to approximately 0.017 mm and
concedes that this range overlaps the claim 1 range of 0.01 to 3.0 mm (Reply
Br. 2). According to Appellant, however, FIG. 1 of Hagfors shows that the
fiber angles do not have a uniform distribution but instead are all disposed
nearly parallel to the surface of the belt (Br. 2-3). These circumstances lead
Appellant to conclude that the average length of Hagfors’ exposed fibers is
outside the claim 1 range (Reply Br. 4).
Appellant’s interpretation of Hagfors is not well taken. For a number
of reasons, we consider the fiber disposition shown as parallel to the belt
surface in Patentee’s FIG. 1 to be a matter of draftman’s convenience rather
than an accurate showing of the fiber disposition. First, nowhere does
Hagfors’ Specification describe the fiber disposition as parallel to the belt
surface. Second, this Specification nowhere teaches any technique for
achieving this parallel disposition. Third, Hagfors expressly teaches that the
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Last modified: September 9, 2013