Ex parte TROISI - Page 10




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

          the extent that no weight is given to the limitation in the                  
          patentability analysis.                                                      
               The Examiner states that the length limitation is a                     
          statement of intended use which does not differentiate the                   
          claimed apparatus from a prior art apparatus satisfying the                  
          structural limitations (EA6).  We agree that the length                      
          limitation is a statement of intended use in the apparatus                   
          claims.  However, since we find no motivation in Brook to                    
          provide a checkweigher in Born, we do not reach the intended                 
          use issue.  As to method claims 7 and 9, the method operates                 
          on the product and the Examiner has not provided any reasoning               
          why the claimed length limitation would have been obvious.  We               
          think that one of ordinary skill in the checkweighing art had                
          sufficient knowledge to appreciate that a weigh pan length                   
          equal to the product length is the minimum possible weigh pan                
          length because otherwise more than one product at a time might               
          be on the weigh pan.  We further believe that one of ordinary                
          skill in the checkweighing art would have known that a weigh                 
          pan length equal to the product length could be used in prior                
          art checkweighers because the effective product length ("pl")                
          is less than the weigh pan length ("wpl"), if one was willing                

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