Appeal No. 1998-1912
Application No. 08/780,744
to their initial positions, the table 22 indexes another set
of container lids into position, and the process is repeated.
With regard to the standing 35 U.S.C. § 102(b) rejection
of claim 1, the examiner considers that Knudsen’s inserts 14,
pockets 32, and table 22 having holders 24 meet, respectively,
the blanks, discrete receptacles, and conveyor limitations of
claim 1, and that Knudsen’s table indexing step (column 4,
lines 7-15), insert punching step, and insert transferring
step meet the advancing, separating and transferring steps of
claim 1. In addition, the examiner considers (answer, pages
5-6) that the statement “which are convertible into component
parts of packets for smokers’ products” found in the preamble
of claim 1 is a statement of intended end use of the blanks
that does not distinguish over the inserts of Knudsen.
Appellants argue, inter alia, that (1) the preamble
recitation noted by the examiner has not been given proper
weight, and that when said recitation is given proper weight
it serves to distinguish over Knudsen, (2) the foil inserts 14
of Knudsen are not introduced into receptacles of a conveyor
as called for in the claims, and (3) Knudsen does not disclose
4
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