Ex Parte Wolters et al - Page 2




             Appeal No. 2005-0352                                                          Page 2              
             Application No. 09/727,134                                                                        



                                               BACKGROUND                                                      
                   The appellants' invention is directed to a feeding and picking device for an                
             agricultural crop having a feeding element that has a vertical axis of rotation                   
             (specification, p. 1).  A copy of the claims under appeal is set forth in the appendix to         
             the appellants' brief.                                                                            


                   The prior art references of record relied upon by the examiner in rejecting the             
             appealed claims are:                                                                              
             Thompson                        2,777,267                        Jan. 15, 1957                    
             Pottinger et al.          GB 2 012 154 A                         July 25, 1979                    
             (Pottinger)                                                                                       
             Wiegert1                  WO 99/03323                            Jan. 28, 1999                    


                   Claims 1 to 4, 20 and 21 stand rejected under 35 U.S.C. § 102(b) as being                   
             anticipated by Wiegert.                                                                           


                   Claims 5 to 7 stand rejected under 35 U.S.C. § 103 as being unpatentable over               
             Wiegert in view of Thompson and Pottinger.                                                        

                   1 In determining the teachings of Wiegert, we will rely on the translation of record provided by the
             USPTO.                                                                                            








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