Ex Parte Takebe et al - Page 3




             Appeal No. 2005-1227                                                          Page 3              
             Application No. 10/099,321                                                                        


             container 1 until the actual momentary value of the torque transferred from the motor 9           
             to the closure cone 5 as determined by the current or voltage sensor 13 or the torque             
             sensor 15 reaches a predetermined tightening moment M1, the so-called application                 
             moment.  As soon as this moment M1 is reached, the angular rotation sensor 17 is                  
             activated by the control device 19.  As soon as the closure is additionally screwed down          
             through the desired angle of rotation W after reaching the application moment M1, the             
             control device 19 issues a signal to cut off the energy supply to the motor 9, thereby            
             preventing any further rotation of the closure.  Spatz further teaches that, if the increase      
             in torque after reaching the application moment M1 and prior to reaching the desired              
             angle of rotation W is too small, this is an indication that either the seal in the cap is        
             defective, the cap was fractured prior to application on the container or the bottle thread       
             was inaccurately shaped.  In any case, one can conclude therefrom that the cap will               
             race or spin on the container.  The container is thus considered defective and is                 
             separated out by a signal in the control line S.  See column 6, lines 15-25.  If, on the          
             other hand, the torque rises too rapidly after the application moment M1 has been                 
             reached, and prior to reaching the desired angle of rotation W, this indicates that               
             damage has occurred at the thread of the cap or the container or that the cap or closure          
             has tilted on the container.  Such a container is considered defective and is separated           
             out.  See column 6, lines 26-34.                                                                  
                   Based on the disclosure of Spatz discussed above, the methods of claims 6 and               
             7 read on the Spatz method in the following manner.  Spatz’s screw closure 3 is                   






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