Appeal No. 1998-1258 Page 5
Application No. 08/442,676
Boyhan is directed to an apparatus and method for packaging discrete articles
such as pieces of candy into an apertured container. As explained with regard to Figures
1-I through 1-IV, this is accomplished by placing first pieces to be packaged into first
cavities (14) in a first plate member (10) and second pieces to be packaged in second
cavities (20) in a second plate (16). The first and second cavities are not aligned with one
another, but the first cavities are aligned with openings (22) in the second plate which are
interposed between the second cavities. In order to load the package, the second plate is
oriented over the first plate and the package is placed upside down over the second plate,
as shown in Figure 1-III, whereupon all three components are inverted, causing the second
pieces to fall directly into cavities in the package and the first pieces to fall through the
apertures in the second plate member into others of the cavities in the package. Thus, the
motivating force for loading the articles is the influence of gravity. Boyhan is not concerned
with loading apertures with particulate material, but with discrete articles, so the problems
to which the appellants’ method is concerned are not recognized. In addition, from our
perspective, Boyhan fails to disclose or teach using a porous member that will allow the
passage of gas but prevent the passage of the material being loaded, as well as loading
the material by means of gas pressure.
Ulveling is concerned with injecting powdered coal into a furnace. This is
accomplished by alternately loading a pair of intermediate silos (24A and 24B) by
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