Appeal No. 2005-0352 Page 4
Application No. 09/727,134
F.2d 760, 772, 218 USPQ 781, 789 (Fed. Cir. 1983), cert. denied, 465 U.S. 1026
(1984).
The appellants argue (brief, pp. 3-4) that Wiegert does not disclose a rotating
feeding element that grasps plant stalks and directs the plant stalks to a picking device
which separates useable parts from plant stalks as recited in claims 1 to 4, 20 and 21.
We agree. In that regard, the chopping unit 21 of Wiegert does not grasp plant stalks
and direct the plant stalks to a picking device. Likewise, the feed chains 18, 19 of
Wiegert do not grasp plant stalks and direct the plant stalks to a picking device.
Accordingly, claims 1 to 4, 20 and 21 are not met by Wiegert.
For the reasons set forth above, the decision of the examiner to reject claims 1 to
4, 20 and 21 under 35 U.S.C. § 102(b) is reversed.
The obviousness rejection
We sustain the rejection of claims 5 to 7 under 35 U.S.C. § 103 as being
unpatentable over Wiegert in view of Thompson and Pottinger.
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