Ex Parte MAKUTONIN et al - Page 7



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

          54.  The major knife hub also includes a plurality of suction               
          cups 68 for grasping and carrying the individual pouches and                
          releasing them at a predetermined number of drop off points onto            
          a product conveyor 44.  The product conveyor may take the form of           
          a direct drop bucket conveyor which runs perpendicular to the               
          axis of the major knife hub (see column 2, line 66, through                 
          column 3, line 5; column 6, lines 18 through 24; and Figures 7A-            
          7D and 10A-10D).                                                            
               Again allowing that Scarpa lacks response to the above noted           
          limitations in claim 1, the examiner relies on Dieterlen to                 
          conclude that it would have been obvious at the time the                    
          invention was made to a person having ordinary skill in the art             
          “to include the direct drop bucket conveyor as taught by                    
          Dieterlen in the apparatus of Scarpa et al. to transfer pouches             
          in stacks” (answer, page 6).                                                
               In short, even if Dieterlen would have suggested the use of            
          a direct drop bucket conveyor extending in a direction                      
          perpendicular to Scarpa’s knife axis, there is simply nothing in            
          the collective teachings of these references which also would               
          have suggested the inclusion of at least two conveyors in the               
          Scarpa apparatus as required by claim 1.                                    


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