Appeal No. 2003-0587
Application No. 09/533,514
the case packer of Raudat, we are nonetheless of the view that
the subject matter of appellants’ claim 45 is anticipated by that
patent.
In particular, it is our view that the case packer of Raudat
includes a lift table drive assembly that “controls a position of
said lift table as said case is being filled with said containers
to reduce a shock load associated with said containers impacting
said case,” in that the drive for the lift table in Raudat
elevates the lift table to a prescribed vertical location closely
adjacent the grid finger clusters (70), as opposed to some other
position further removed from the grid, and thus controls a
position of the lift table as the case thereon is being filled
with containers to reduce a shock load associated with said
containers impacting said case. The mere recitation that the lift
table drive assembly in claim 45 “controls a position of said
lift table as said case is being filled with said containers...”
does not require that the lift table must be moved or moving
during such filling with containers, as is described on pages
13-15 of appellants’ specification.
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