Ex Parte Fukuda et al - Page 2




         Appeal No.  2004-2176                                                      
         Application No. 09/996,624                                                 

            a retracted position at which said heater unit is separated from        
            said chute; and                                                         
              an air cylinder for controlling compressive force with which          
            said heater unit at said sealing position compresses said film          
            against said chute by having air of a specified pressure supplied       
            thereto.                                                                

            3.  The packaging machine of claim 1 wherein said heater driving        
            means includes another air cylinder.                                    

              The examiner relies upon the following references as evidence         
         of unpatentability:                                                        

         Husted                      4,930,403           June  5, 1990            
         Fukuda                      5,125,217           June 30, 1992            

              Claims 1, 4, and 5 stand rejected under 35 U.S.C. §102(b) as          
         being anticipated by Fukuda.                                               
              Claims 1, 2, 4, 5, 19, and 20 stand rejected under 35 U.S.C.          
         § 103 as being unpatentable over Fukuda in view of Husted.                 
              Claims 3 and 18 stand rejected under 35 U.S.C. §103 as being          
         unpatentable over Fukuda.                                                  

                                      OPINION                                       
         I.  The rejection of claims 1, 4 and 5 under 35 U.S.C. §102(b) as          
              being anticipated by Fukuda                                           
              We consider claim 1 in this rejection.                                
              We refer to page 3 of the answer regarding the examiner’s             
         position in this rejection.                                                
              Beginning on page 5 of the brief, the single disputed issue           
         presented by appellants is whether the air cylinder of Fukuda controls     
         the compressive force with which the heater unit at the sealing            
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