Ex Parte TAKAHASHI et al - Page 2




          Appeal No. 2002-1908                                                        
          Application 09/097,013                                                      


          delivering them” (specification, page 1).  Representative claim 1           
          reads as follows:1                                                          
               1. An apparatus useful for aligning parts, comprising:                 
               a part-holding chamber for accommodating a number of chip              
          parts, said part-holding chamber having a bottom having an inner            
          surface;                                                                    
               at least one chute groove formed at least in the inner                 
          surface of the bottom of said part-holding chamber and acting to            
          orient chip parts in a given direction and cause them to slide              
          successively downward, said at least one chute groove having a              
          depth;                                                                      
               a gate port formed at the lower end of said at least one               
          chute groove and permitting said chip parts sliding downward in a           
          given posture along said chute groove to pass one by one;                   
               at least one discharge passage for aligning the passed chip            
          parts in a line and discharging said parts; and                             
               a clogging-removing means movably positioned in said part-             
          holding chamber, the clogging-removing means including first and            
          second portions positioned to move adjacent to said gate port,              
          the first and second portions having at least one leading edge,             
          at least one trailing edge, and a gap separating the at least one           
          leading edge and the at least one trailing edge, the length of              
          the gap being greater than the at least one chute groove depth,             
          the clogging-removing means for urging any chip part that is                
          halted in said gate port in an abnormal posture toward a                    


               1 The terminology in claims 1 and 10 defining the clogging-            
          removing means as including a “leading edge,” a “trailing edge”             
          and a “gap” has no antecedent basis in the descriptive portion of           
          the specification as required by 37 CFR § 1.75(d)(1).  Consistent           
          with the explanation advanced on pages 2 and 3 in the main brief            
          and with the further definition of the clogging-removing means in           
          dependent claim 3 as comprising plural claw portions, we                    
          understand the subject terminology in claims 1 and 10 as being              
          readable on the appellants’ disclosure of adjacent claw portions            
          11b on rotary drum 11.  Given this interpretation, and the                  
          language in parent claim 3, the references in dependent claims 5            
          and 6 to “at least one claw” are somewhat discordant.  These                
          informalities should be corrected in the event of further                   
          prosecution.                                                                
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