Ex Parte Bailey et al - Page 3



             Appeal No. 2004-0065                                                            Page 3               
             Application No. 09/642,585                                                                           
             December 30, 2002) and reply brief (Paper No. 25, filed April 21, 2003) for a full                   
             exposition thereof.                                                                                  


                                                    OPINION                                                       
                    Having carefully reviewed the obviousness issues raised in this appeal in light of            
             the record before us, we have made the determinations which follow.                                  


                    Looking first to the examiner’s rejection of claims 1 through 11, 24 and 25 under             
             35 U.S.C. § 103(a) as being unpatentable over Jeffrey in view of Focke, the examiner                 
             contends (answer, pages 4-5) that                                                                    
                                 Jeffrey discloses an apparatus and method for use in                             
                          processing packaging blanks; the apparatus including an                                 
                          applying means; a first conveyor (via conveyor 8 in station 2)                          
                          arranged to convey packaging blanks (5) at a first conveying                            
                          velocity and at a first even pitch through an application                               
                          region in which an adhesive (via glue manifolds 13) or at                               
                          least on adhering element is applied to each blank by the                               
                          applying means, see for example (Figs. 1-3); and a second                               
                          conveyor (via conveyor 8 in station 3).  Jeffrey does not                               
                          disclose a second conveyor arranged to receive the blanks                               
                          from the first conveyor and convey them at a second velocity                            
                          and at a second even pitch which is greater than the first                              
                          velocity.  However, Focke discloses a similar apparatus has                             
                          a first conveyor (via 29) and a second conveyor (via 20)                                
                          arranged to receive the blanks from the first conveyor (Figs.                           
                          1 and 2) and convey them at a second velocity and at a                                  
                          second even pitch (via 50 and 57) which is different than the                           
                          first pitch (via 40 and 33) which is greater than the first                             
                          velocity (column 4, lines 10-22) for ensuring that the blanks                           
                          and/or packs have precisely defined spacing between them                                
                          in the region of a removal conveyor (column 1, lines 29 and                             
                          30).                                                                                    








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