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 -2-Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007