Appeal No. 1997-4441 Application 08/370,095 494 F.2d 1399, 1403, 181 USPQ 641, 644 (CCPA 1974); In re Yanush, 477 F.2d 958, 959, 177 USPQ 705, 706 (CCPA 1973); In re Casey, 370 F.2d 576, 580, 152 USPQ 235, 238 (CCPA 1967). Appellant recognizes that "products are not a structural part of the claimed apparatus" (Br10). All prior art checkweighers should meet the claim limitation of "said weigh pan having a length in a direction of movement of said conveyor elements corresponding essentially to the length of said products, as measured in said direction of movement" (claim 1), and the similar limitation of claim 11, because nothing structurally prevents them from being be used with products having a length corresponding essentially to the length of the weigh pan. For example, prior art checkweighers where the conveyor elements do not engage the periphery of the product (as in the example in Chart I, specification, page 7) can be used to weigh products having a length "corresponding essentially to" the length of the weigh pan by using a slower speed since the effective package length ("pl") is still less than the overall package length. No distinguishing speed, settling time, or pitch limitations are recited. The claims - 6 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007