Ex parte Bluemle

Board of Patent Appeals and Interferences

Dec 17, 1998

08123587 (B.P.A.I. Dec. 17, 1998)

Application for patent filed September 17, 1993. 1
According to appellant, the application is a continuation of
Application 07/705,034, filed May 20, 1991.
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered today
(1) was not written for publication in a law journal and
(2) is not binding precedent of the Board.
Paper No. 27
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte MARTIN BLUEMLE
____________
Appeal No. 95-3922
Application No. 08/123,5871
____________
HEARD: January 15, 1998
____________
Before JOHN D. SMITH, GARRIS and OWENS, Administrative Patent
Judges.
JOHN D. SMITH, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal pursuant to 35 U.S.C. § 134 from the
final rejection of claims 23-26 and 28-41. Claim 22 is
allowed and claim 27 has been objected to.
Appeal No. 95-3922
Application No. 08/123,587
2
The subject matter on appeal relates to an apparatus and
method for splicing a tail end of a web coming from an
emptying web supply roller to the leading end of a new web
coming from a full web supply roller. The claimed apparatus
comprises, inter alia, two carriers mounted on journal shafts
tiltable independent of each other, two web holding and press-
on heads each mounted to its independently tiltable carrier,
and separate linear drives for separately stepping each of the
holding and press-on heads on its respective carrier with
linear stepwise strokes crossing a plane of symmetry defined
in part by two guide rollers. See Figure 2 of the
application.
Claim 23 is representative. A copy of the claim appears
in an attached APPENDIX.
The references on record relied upon by the examiner are:
Heitmann (Heitmann) 4,010,911 Mar.
8, 1977
Bianchetto et al. (Bianchetto) 4,455,190 Jun. 19,
1984
Martin 4,519,858 May 28,
1985
Wommer (Wommer) 4,722,489 Feb. 2,
1988
Shigeta (Shigeta) 4,984,750 Jan. 15,
1991
Appeal No. 95-3922
Application No. 08/123,587
3
Claims 23-26 and 29-41 stand rejected for obviousness
(35 U.S.C. § 103) over Heitmann in view of Wommer, Shigeta,
and Bianchetto. Claim 28 stands rejected under the same
section of the statute and the same references above further
in view of Martin.
We reverse.
As evidence of obviousness of the claimed subject matter
on appeal, the examiner principally relies on Heitmann which
describes an apparatus for joining ends of webs together.
After pointing out the similarities between Heitmann's
apparatus and the claimed apparatus (generally see the Answer
at page 3), the examiner acknowledges that Heitmann fails to
meet the terms of the claim to the apparatus in a number of
particulars. Thus, the examiner states at page 4, the Answer
that:
Although the journal shafts of Heitmann are
located within the gap between the guide
rollers, it would have been a mechanical
design choice to laterally separate them
such that they were situated outside of the
gap between the guide rollers [emphasis
added].
In appellant's Specification at page 4, line 21 through
page 5, line 8 it is indicated that the press-on heads of
Appeal No. 95-3922
Application No. 08/123,587
Appellant is apparently referring to an element of2
Bianchetto's apparatus. See the specification at page 2.
4
appellant's apparatus are mounted on journal axes which are in
turn mounted with a spacing from the guide rollers and outside
the space between the guide rollers. Further according to the
specification, this type of mounting of the press-on heads
with the specific position and arrangement of the journal axes
of the heads "makes it possible to altogether avoid the
slides for the mounting of the guide rollers and to also2
avoid a movement stroke in combination with a tilting motion"
of the press-on heads. Accordingly, the specific position and
arrangement of the claimed journals and guide rollers solve a
known problem in the art. Compare In re Kuhle, 526 F.2d 553,
555, 188 USPQ 7, 9 (CCPA 1975) wherein the court indicated
that the rationale of "obvious matter of design choice"
applies when a modification is made which "solves no stated
problem". Further, as appellant has argued in the brief at
page 24, this modification of Heitmann's apparatus would
defeat Heitmann's goal of compactness of apparatus elements.
Accordingly, we do not agree that the examiner has a valid
basis for asserting that it would have been an obvious matter
Appeal No. 95-3922
Application No. 08/123,587
5
of mechanical "design choice" to situate the journal shafts of
Heitmann outside of the gap defined by the guide rollers.
Even if we agreed with the examiner's obvious design
choice arguments made in the record herein, there is a more
fundamental reason why the rejection of the appealed claims
cannot be sustained. In this regard, Heitmann not only fails
to describe an apparatus for carrying out linear stepwise
strokes crossing a plane of symmetry to adhesively bond and
cut webs to form a splice as claimed, but in fact, Heitmann
discloses and contemplates a web holding and press-on means
which operates in synchronism. See column 8, lines 31-33 of
the reference. Thus, even if one of ordinary skill in the art
would have been led to make the examiner's numerous proposed
modifications of the Heitmann apparatus in light of the relied
upon "secondary references", one would not arrive at an
apparatus as claimed, having the capability of providing
separate stepwise strokes of holding and press-on heads for
crossing a plane of symmetry. As appellant persuasively
argues in his brief at page 39, the synchronism expressly
required by Heitmann for the operation of the press-on heads
Appeal No. 95-3922
Application No. 08/123,587
6
may not be ignored when combining the disclosures of the
references.
The decision of the examiner is reversed.
REVERSED
JOHN D. SMITH )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
BRADLEY R. GARRIS ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
TERRY J. OWENS )
Administrative Patent Judge )
lp
Appeal No. 95-3922
Application No. 08/123,587
7
W. G. FASSE
INDIAN POND LANE
P.O. BOX K
ST. ALBANS, ME 04971
Appeal No. 95-3922
Application No. 08/123,587
8
APPENDIX
Claim 23. An apparatus for joining ends of material webs to
each other to form a splice by an adhesive, comprising a
machine frame, at least two guide rollers (13, 14) rotatably
mounted to said machine frame in fixed positions symmetrically
relative to a plane of symmetry (2a) passing through a gap
(27) between said two guide rollers, two journal shafts (12)
mounted in said machine frame on opposite sides of said guide
rollers (13, 14) and on opposite sides of said plane of
symmetry (2a), two carriers (11) mounted on said journal
shafts (12) tiltable independent of each other, two web
holding and press-on heads (5, 6) each mounted to its
independently tiltable carrier, separate linear drives (10)
for separately stepping each of said holding and press-on
heads on its respective carrier (11) with linear stepwise
strokes crossing said plane of symmetry, said journal shafts
permitting tilting each of said carriers (11) and its holding
and press-on head into an out of the way position for access
to both holding and press-on heads (5, 6), said two journal
shafts (12) being arranged symmetrically relative to said
plane of symmetry (2a) and with a spacing from each other so
that in an operative nontilted position said holding and
press-on heads (5, 6) face each other directly across said
plane of symmetry (2a) with a minimal spacing between each
other sufficient for permitting a tilting movement and for
reducing said stepwise strokes to a minimum, a suction source
cooperating with said holding and press-on heads for holding a
web end in place, said linear drives (10) being adapted for
separately and linearly moving said holding and press-on heads
(5, 6) on its respective tiltable carrier (11) with different
forward and backward stepwise strokes crossing said plane of
symmetry (2a) toward each other for applying pressure to a
splice being formed and away from each other for moving said
holding and press-on heads (5, 6) out of contact with a web
for a web release, and, a cutting knife (16) comprising a
single blade (15) operatively mounted for operation in said
plane of symmetry (2a), each of said holding and press-on
Appeal No. 95-3922
Application No. 08/123,587
9
heads comprising a counterholder (25) so positioned on the
respective holder and press-on head that said counterholder is
in said plane of symmetry (2a) for cooperation with said
single blade (15) when the respective holding and press-on
head crosses said plane of symmetry (2a), said apparatus
further comprising a web brake (18, 19) for individually and
temporarily stooping each of said material webs during a
joining operation.
Leticia
Appeal No. 95-3922
Application No. 08/123,587
APJ JOHN D. SMITH
APJ OWENS
APJ GARRIS
DECISION: REVERSED
Send Reference(s): Yes No
or Translation (s)
Panel Change: Yes No
Index Sheet-2901 Rejection(s): 103
Prepared: February 11, 2000
Draft Final
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