Ex parte LANGLAND - Page 6




                Appeal No. 96-4007                                                                                                            
                Application No. 08/294,769                                                                                                    


                         Keller discloses a candy can forming machine having a                                                                
                continuously operating gripper chain 42.  The gripper chain 42                                                                
                consists of a pair of transversely spaced chains 43 and 44                                                                    
                passing around sprockets 45 and 46.  The gripper chains are                                                                   
                bridged by gripper jaws 53 and 54 rigidly mounted upon adjacent                                                               
                links of the carrying chains.  When traveling along the lower                                                                 
                flight, the gripper jaws will have their adjacent faces spaced                                                                
                apart substantially the diameter of the candy cane to be handled.                                                             
                As the links turn around the sprockets, the gripper jaws assume                                                               
                radial positions with respect to the sprocket which causes                                                                    
                increased separation between adjacent jaw faces.  This permits                                                                
                ready insertion of the candy canes from the transfer means 12 to                                                              
                the gripper jaws as well as ready release of the candy canes from                                                             
                the gripper jaws.4                                                                                                            


                         With respect to the standing § 103 rejection of independent                                                          
                claims 1 and 9 as being unpatentable over Beidler in view of                                                                  
                Keller, the examiner determined that the only limitation not                                                                  
                disclosed by Beidler is the continuous operation of the belt when                                                             
                loading.  Based on the teachings of Beidler and Keller, the                                                                   
                examiner concluded that it would have been obvious to one of                                                                  

                         4See column 3, line 63 to column 4, line 19, of Keller.                                                              
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