Appeal No. 2002-1058
Application 09/228,856
Therefore, we shall not sustain the standing 35 U.S.C.
§ 103(a) rejection of claim 1, and dependent claims 2 through 3
and 7 through 11, as being unpatentable over Scarpa in view of
Dieterlen.
III. The rejection based on Scarpa in view of Dieterlen and Focke
Focke discloses a cigarette packaging machine comprising a
band conveyor 15, a discharge conveyor 19 composed of upper and
lower belts 20 and 21, a star wheel 22 for passing the packs from
the band conveyor to the discharge conveyor, and a transfer wheel
26 for removing flawed packs from the band conveyor.
Even if Focke is assumed to be analogous art (the appellants
urge that it is not), its disclosure of a cigarette packaging
machine does not cure the above noted shortcomings of Scarpa and
Dieterlen with respect to the independent claims on appeal.
Accordingly, we shall not sustain the standing 35 U.S.C.
§ 103(a) rejection of claims 4 through 6, 12 through 14, 16
through 21 and 24 through 36 as being unpatentable over Scarpa in
view of Dieterlen and Focke.
SUMMARY
The decision of the examiner to reject claims 1 through 14,
16 through 21 and 24 through 36 is reversed.
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