Ex parte CULLEN - Page 5




          Appeal No. 97-0180                                                          
          Application 08/374,131                                                      


          of Komossa.  Ryan discloses a bagging machine for bagging                   
          material in agricultural bags that includes a frame with                    
          rearward and forward ends (Fig. 1).  There is also a tunnel on              
          the frame that has an intake for receiving the material to be               
          bagged and an output adapted to receive the mouth of an                     
          agricultural bag                                                            
          (Fig. 6).  A rotor 92 is disposed at the intake end of the                  
          tunnel for forcing the material to be bagged into the tunnel                
          and into the bag.  There is a hopper means 64 on the frame for              
          receiving the material to be bagged.  This hopper means has an              
          upper and a lower end and includes a front sloped wall, rear                
          unsloped wall and side walls extending between the front                    
          sloped wall and the rear wall.  The walls are fixed and non-                
          movable.  The rotor is disposed between the lower end of the                
          front sloped wall and the lower end of the rear wall.  Ryan                 
          does not disclose a sloped rear wall.                                       
               Komossa discloses a hopper means for receiving tobacco                 
          products.  The hopper means includes front and rear movable                 
          walls that move between sloped and unsloped positions.  It is               
          the examiner’s position that it would have been obvious to a                
          person of ordinary skill in the art at the time the invention               
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