Ex parte DOPKE et al. - Page 9




          Appeal No. 96-0425                                         Page 9           
          Application No. 08/108,986                                                  


          so that the hoisting mechanism raises the stack (2) to the                  
          correct top level in relation to the threshold construction.                
          Hognestad teaches (column 2, lines 28-32) that                              
               the hoisting means comprises a stack-supporting hoist                  
               table 4 which, e.g., may consist of a number of rollers                
               so that the stack in question can be advanced to the                   
               correct position by means of a belt feeder (not shown).                
          Hognestad also teaches (column 5, lines 12-16) that                         
               the apparatus may also be designed so that the stack with              
               the products in question is stationary, whereas the                    
               gripper and the threshold means are moved downwards                    
               concurrently with the product separation.                              

               After the scope and content of the prior art are                       
          determined, the differences between the prior art and the                   
          claims at issue are to be ascertained.  Graham v. John Deere                
          Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).                           


              Based on our analysis and review of Hognestad and claim                
          1, it is our opinion that the only difference is the                        
          limitation                                                                  
               means for moving a stack of products between said first                
               conveyor means and said supporting means simultaneously                
               with the controlled motion of the lowermost product of a               
               stack between said supporting means and said second                    
               conveyor means.                                                        







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