Ex Parte MESMER et al - Page 3




              Appeal No. 2002-1970                                                                Page 3                
              Application No. 09/072,333                                                                                


                     Independent claims 1 and 9 read as follows:                                                        
                            1.  In a square baler for baling harvested crops and having a                               
                            pick-up device, a feeding channel, a baling chamber, a                                      
                            baling ram for forming a crop bundle in the baling chamber,                                 
                            and a tying apparatus for tying the crop bundle and forming                                 
                            a bale; the improvement comprising:                                                         
                                   sensing means including a symmetrical measuring                                      
                            wheel for sensing both forward and backward movements of                                    
                            the crop bundle in the baling chamber;                                                      
                                   means for determining an actual length value of the                                  
                            crop bundle and triggering the tying apparatus when a pre-                                  
                            set length for the crop bundle is reached; and                                              
                                   the sensing means including an electronic measuring                                  
                            device which measures, via the rotational movement and the                                  
                            direction of rotation of the measuring wheel, the forward and                               
                            backward movements of the crop bundle in the baling                                         
                            chamber.                                                                                    
                            9.  A baling method for controlling the length of a square                                  
                            bale, comprising the steps of:                                                              
                                   providing a measuring wheel;                                                         
                                   sensing the measuring wheel’s rotary movement and                                    
                            direction of rotation and thereby sensing both the forward                                  
                            and backward movement of a crop bundle in a baling                                          
                            chamber;                                                                                    
                                   adding the measured forward and backward                                             
                            movements of the crop bundle to determine an actual length                                  
                            of the crop bundle;                                                                         
                                   and triggering a tying device once a pre-set target                                  
                            length value is reached to tie the crop bundle into a bale.                                 

                     McPherson, the jumping-off point in the examiner’s rejection, discloses a retrofit                 
              measuring device for a baler of the type recited in claim 1 which measures the length of                  
              the hay bale, determines when the bale being formed has reached a predetermined                           
              size and actuates a tying mechanism on the baler.  The measuring and actuation                            







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