Ex Parte MAKUTONIN et al - Page 2



          Appeal No. 2002-1058                                                        
          Application 09/228,856                                                      

                                   THE INVENTION                                      
               The invention relates to a “rotary knife and transfer                  
          apparatus used in connection with a pouch form, fill, and seal              
          machine, the knife capable of severing pouches from a pouch train           
          and selectively discharging pouches for downstream cartoning or             
          other packing or handling” (specification, page 1).                         
          Representative claim 1 reads as follows:                                    
               1. A pouch handling apparatus for severing individual                  
          pouches from a pouch train and transferring individual pouches              
          from said train to separate downstream pouch handling devices,              
          said apparatus comprising:                                                  
               a rotary pouch severing knife rotating about an axis;                  
               at least two conveyors for receiving individual pouches                
          after severing thereof by said knife;                                       
               pouch transfer apparatus comprising at least two drop off              
          points for delivering pouches to at least one of said two pouch             
          conveyors; and                                                              
               wherein at least one of said conveyors is a direct drop                
          bucket conveyor operably oriented to transport severed pouches              
          from one drop off point to a downstream pouch handling apparatus;           
               said direct drop bucket conveyor extending from said                   
          transfer apparatus in a direction perpendicular to said axis.               
                                   THE PRIOR ART                                      
               The references relied on by the examiner to support the                
          final rejection are:                                                        
          Scarpa et al. (Scarpa)           5,220,993          Jun. 22, 1993           
          Focke et al. (Focke)             5,784,855          Jul. 28, 1998           
          Dieterlen                        5,829,332          Nov.  3, 1998           



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