Appeal No. 1997-4441
Application 08/370,095
Born discloses supporting the product by its flange for
conveying purposes but does not include any weighing means.
Brook discloses transporting poultry carcasses using a
specially designed shackle having a transversely extending pin
which engages the weigh pan. Appellant argues (Br12):
The combination of these references suggests the use of
an intermediate support mechanism, i.e. specially
designed shackles, connecting the products to an overhead
conveyor in a manner whereby a portion of the support
mechanism engages an overhead weigh pan. While
supporting the product by its flange for conveying
purposes is taught, supporting the product by its flange
for weighing purposes is not proposed.
The Examiner states that "[t]he motivation for the
proposed combination seems adequately explained in the final
rejection and the applicant apparently has not explained why
the combination is improper" (EA7).
We find no disclosure or suggestion in Brook that would
have motivated one of ordinary skill in the art to weigh the
products in Born by underengaging the flange of the product
with conveyor elements while the product is moving across a
weigh pan as claimed. The reasons in the Final Rejection are
conclusory and fail to address the significant differences in
structure between the claimed invention and Brook which
discloses using a specially designed shackle. Although the
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