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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