Appeal No. 2003-0204 Page 9
Application No. 09/096,123
position for insertion into such type of case. In such preferred embodiment, the
programmable robot means also performs the functions of selecting appropriate
dunnage inserts from the second source and placing such dunnage inserts at the
means for holding. Means, which may be comprised in the programmable robot or
in a separate mechanism, are provided for inserting such dunnage inserts into such
cases with such objects. Alternatively, the dunnage inserts may be placed on top
of or interleaved with the objects. In all embodiments, the apparatus of DePoint's
invention can pack objects singly or in arrays such as vertical stacks or horizontal
groups and, depending on the objects, can insert them into cases either horizontally or
vertically.
After the scope and content of the prior art are determined, the differences
between the prior art and the claims at issue are to be ascertained. Graham v. John
Deere Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).
Based on our analysis and review of DePoint and claim 279, it is our opinion that
the differences are (1) the controller programmed to retrieve a predetermined set of
packaging instructions associated with the identified part from a memory, the packaging
instructions including a step to be completed by the operator, which step contains an
instruction for packaging the identified part; and (2) an output device coupled to the
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