Ex parte TROISI - Page 6




          Appeal No. 1997-4441                                                         
          Application 08/370,095                                                       

          494 F.2d 1399, 1403, 181 USPQ 641, 644 (CCPA 1974);                          
          In re Yanush, 477 F.2d 958, 959, 177 USPQ 705, 706 (CCPA                     
          1973); In re Casey, 370 F.2d 576, 580, 152 USPQ 235, 238 (CCPA               
          1967).  Appellant recognizes that "products are not a                        
          structural part of the claimed apparatus" (Br10).  All prior                 
          art checkweighers should meet the claim limitation of "said                  
          weigh pan having a length in a direction of movement of said                 
          conveyor elements corresponding essentially to the length of                 
          said products, as measured in said direction of movement"                    
          (claim 1), and the similar limitation of claim 11, because                   
          nothing structurally prevents them from being be used with                   
          products having a length corresponding essentially to the                    
          length of the weigh pan.  For example, prior art checkweighers               
          where the conveyor elements do not engage the periphery of the               
          product (as in the example in Chart I, specification, page 7)                
          can be used to weigh products having a length "corresponding                 
          essentially to" the length of the weigh pan by using a slower                
          speed since the effective package length ("pl") is still less                
          than the overall package length.  No distinguishing speed,                   
          settling time, or pitch limitations are recited.  The claims                 



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