Ex parte LACRIOLA - Page 6




          Appeal No. 96-2099                                                          
          Application 08/128,976                                                      


          path of a selected collapsed carton in order to divert it into a            
          desired stacking channel (e.g., CH1L or CH1R).  In Anschutz eggs,           
          after being weighed, are intermittently conveyed or indexed by              
          means of a chain conveyor 14 having pockets 46 (which hold the              
          eggs) through six discharge areas.  At the desired discharge                
          area, an air nozzle 98 directs air across the top portion of a              
          stationary egg in such a manner so as to lift the egg out of its            
          pocket and transfer it across a short inclined crossover ramp 104           
          to a small rod-type conveyor 105 (see, generally, column 7; Figs.           
          15, 17 and 18).  In our view, the examiner has impermissibly                
          relied on the appellant’s own teachings for motivation for                  
          singling out the air nozzle from the disparate teachings of                 
          Anschutz and incorporating it into the collapsed carton sorting             
          arrangement of Teegarden.                                                   
               We also observe that, as illustrated in Fig. 7 of Teegarden,           
          the vertically oriented deflecting gates (such as DG1L and DG1R)            
          in conjunction with vertically oriented guides (such as 631 and             
          631) also function to keep the collapsed cartons in a vertical              
          orientation as they are being conveyed past the various sorting             
          channels.  On the other hand, if air nozzles as taught by                   
          Anschutz were substituted for the deflecting gates of Teegarden             


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