Ex Parte NAKAGAWA et al - Page 3




              Appeal No. 2002-1626                                                               Page 3                
              Application No. 09/287,135                                                                               


                                                      OPINION                                                          
                     Initially we note that the examiner's drawing objection raised in the final rejection             
              relates to a petitionable matter and not to an appealable matter.  See Manual of Patent                  
              Examining Procedure (MPEP) §§ 1002 and 1201.  Accordingly, we will not review the                        
              drawing objection issue raised by the appellants on pages 5-6 of the brief.                              


                     In reaching our decision in this appeal, we have given careful consideration to                   
              the appellants' specification and claims, and to the respective positions articulated by                 
              the appellants and the examiner.  As a consequence of our review, we will not sustain                    
              the rejection of claims 7, 8 and 16 to 19 for the reasons which follow.                                  


              The claims at issue                                                                                      
                     Claims 7, 8 and 16 to 19 read as follows:                                                         
                     7.     The feeder according to claim 4, wherein said mechanism for varying said                   
                     stroke range continuously adjusts said stroke range depending on the remaining                    
                     number of electronic chip components in said hopper.                                              
                     8.     The feeder according to claim 4, wherein said stroke range is decreased                    
                     at least once when a number of remaining electronic chip components in said                       
                     hopper is reduced to one-fifth or less of the capacity of said hopper.                            
                     16. A method for feeding electronic chip components, comprising the steps of:                     
                            receiving a plurality of electronic chip components in a hopper of a feeder;               
                            agitating the electronic chip components with an aligning path forming                     
                     member by moving the aligning path forming member over a stroke range,                            
                     thereby causing the electronic components to enter a tubular aligning path                        
                     formed by the aligning path forming member; and                                                   







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