Appeal No. 1998-1912
Application No. 08/780,744
loose product such as pipe tobacco, Knudsen’s foil inserts can
properly be considered “component parts” of packets for
smokers’ products even without “conversion” or modification.
As to argument (2), Knudsen’s lids C are held in discrete
pockets (receptacles) 32 defined by backing block 30,
retaining plate 38, guide bars 34 and pins 36 (column 4, lines
23-45). In the process of being introduced into lids C held
in pockets 32, Knudsen’s inserts 14 pass through the circular
apertures 40 of the retaining plate and are therefore
necessarily introduced into the pockets (receptacle) 32 of the
table (conveyor) 22. Hence, appellants’ argument that
Knudsen’s foil inserts 14 are not introduced into receptacles
of a conveyor is simply wrong.
Concerning argument (3), appellants’ claims are drafted
in open “comprising” format and therefore do not preclude the
presence of elements or steps in addition to those set forth
in the claims. Accordingly, the fact that Knudsen
simultaneously cuts and transfers three inserts at a time in
side-by-side fashion does not mean that Knudsen’s method does
not include the step of separating successive blanks from a
body of coherent blanks and transferring successive separated
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