Appeal No. 2000-1479 Page 6
Application No. 08/915,355
grippers 50 which grip the torn bags allowing the conveyor to
separate the contents from the
retained bag. As shown in Figure 3, the blades 36 and 36'
with their serrated edges 48 and 48' and grippers 50 are
vertically-disposed.
The appellant argues (brief, pp. 11-12) that Roman does
not disclose the recited "horizontally-disposed canard-like
blades." We agree. As shown in Figure 3, the blades 36 and
36' with their serrated edges 48 and 48' and grippers 50 are
vertically-disposed, not "horizontally-disposed" as claimed.
The examiner's position (answer, p. 3) that the grippers 50 of
Roman are "horizontally-disposed canard-like blades" carried by
a plurality of blade holders (i.e., blades 36 and 36') is
unconvincing since while the grippers have a horizontal
component one skilled in the art would consider the grippers to
be vertically-disposed, not "horizontally-disposed."
Since all the limitations of claims 1 to 3, 5 to 9, 14 to
19 and 23 are not disclosed in Roman for the reasons set forth
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