Appeal No. 2005-1109
Application No. 09/781,733
length selection method is also disclosed wherein a process controller
automatically produces cushioning of an appropriate length for each package as
it comes to the packing station. In order to accomplish automatic control, a
length sensing or measuring device 12 must be operated to measure the length
of the cushioning as it is actually produced. Ratzel discloses such a measuring
device 12, with a rotating member 80, having openings 84, cooperating with a
photoelectric sensor 86 to count the angular movement of the cushioning gear
assembly 54 that the rotating member 80 is attached to.
The automatic control is effectuated by process controller 11. As shown in
the Figure 1, it accepts pulses from the measuring device 12, reads a barcode on
a package B to be filled with cushioning, and sends activate/deactivate signals to
the motor 70. We infer the use of a look-up table storing lengths of desired
cushioning or a subroutine that calculates desired lengths in process controller
11 based on information contained in the bar code. We agree with the examiner
that the process controller must be storing the incremental length of each
cushion piece as it is being made based on summing the number of pulses
retrieved from the measuring device 12. However, this is merely storing the
cumulative length of a single cushioning piece as appellant argues. If the claim
were limited to a single piece of cushioning and “the period of time” recited in the
claim could be considered to be the time necessary to produce that single piece
of cushioning or on even smaller time increment, the examiner’s point would be
well taken. However, all claims on appeal are directed to a plurality of pieces of
cushioning. We do not find any disclosure of storing the lengths of all of a
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