Appeal No. 1998-1912
Application No. 08/780,744
blanks into receptacles. In this regard, a first of Knudsen’s
inserts of a first set of inserts and a corresponding one of
Knudsen’s inserts of the next set comprise “successive”
inserts within the meaning of the appealed claims.
In light of the foregoing, we will sustain the standing
§ 102 rejection of claim 1 as being anticipated by Knudsen.
We will also sustain the standing § 102 rejection of
independent apparatus claim 9 for the reasons set forth supra.
The anticipation rejection of dependent claim 4 will be
sustained because the table (conveyor) 22 of Knudsen is
indexable about a vertical axis (column 4, lines 9-10). The
requirement of claim 5 that the blanks are deformed in the
course of the transferring step is met by Knudsen’s step of
deforming tab 16 during the transfer of the blanks (see
Figures 11(a) to 11(e)). Likewise, the requirement of claim
12 that the apparatus includes means for deforming during the
transfer of the blanks is met by Knudsen’s folding arms 156
and cooperating elements 176.
The anticipation rejection of claims 6 and 7 will be
sustained because elements 48 and 50 of Knudsen constitute a
stationary mouthpiece through which the blanks move during the
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