Ex Parte Germain et al - Page 5



                 Appeal 2007-2861                                                                                      
                 Application 10/861,057                                                                                

                        Finally, Appellants clearly are incorrect in urging that gripper finger                        
                 130 of Dufour does not interact with gripper bar 132 (Reply Br. 1).                                   
                 Consistent with the claim requirement that the gripper member interacts with                          
                 the fixed jaw, Patentee’s gripper finger (i.e., gripper member) 130 interacts                         
                 with fixedly mounted gripper bar (i.e., fixed jaw) 132 to thereby grip and                            
                 fold the web (a.k.a. signature) (Dufour, col. 4, ll. 25-29; col. 5, ll. 36-49;                        
                 claims 25 and 27 at cols. 9-10; figs. 1-2).                                                           
                        For the above-stated reasons, Appellants have failed to show error in                          
                 the Examiner’s finding that claims 1 and 3 are anticipated by Dufour.                                 
                 Accordingly, we sustain the Examiner’s § 102 rejection of these claims as                             
                 being anticipated by Dufour.                                                                          

                                             THE § 103 REJECTION                                                       
                        Rejected claims 2 and 4 require that the cam follower arm and the                              
                 gripper member each define an involute profile.  According to the Examiner,                           
                 Dufour’s gripper member (i.e., gripper finger) 130 defines an involute                                
                 profile (Answer 4), and Patentee’s cam follower arm (i.e., linkage) 139                               
                 either defines an involute profile (Answer 6-7) or would have been provided                           
                 with an involute profile by one with ordinary skill in this art (Answer 4).                           
                        Appellants argue that Dufour’s gripper finger 130 and linkage 139 are                          
                 not in contact with one another so that they do not define involute profiles                          
                 nor would there have been any reason to provide them with involute profiles                           
                 (Appeal Br. 4-5).  In this regard, Appellants define the term “involute                               

                                                          5                                                            



Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: September 9, 2013