Appeal No. 2006-1795 2
Application No. 10/269,057
BACKGROUND
The appellants’ invention relates to an ultrasonic sealing apparatus for use in a
filling/packing machine for producing liquid beverages or the like. The ultrasonic sealing
apparatus has a horn (12) with two elongated, flat sealing faces (11) and an opposing jaw
(18) with an elongated action face (16). (See Specification, Figure 5 and page 20, lines
3-5). During sealing, the sealing faces (11) and the action face (16) abut to form sealed
zones. The ultrasonic sealing apparatus also includes a cutting device (17).
(Specification, page 20, line 7). The action face (16) includes grooves (20) that form
molten thermoplastic resin bulges (19) in the vicinity of the side of the sealed zones in
contact with a fluid and grooves (22) that form molten thermoplastic resin bulges (21) in
the vicinity of the sealed zones near the cutting side. (Specification, page 20, lines 7-12).
In another embodiment, inclines (23) in the action face (16) allow molten thermoplastic
resin to flow out of the sealed zones to the cutting side. (Specification, page 20, lines
16-18). Independent claims 1 and 8 are representative of the subject matter on appeal,
and a copy of these claims can be found in the appendix to the appellants’ brief.
The examiner relies upon the following as evidence of unpatentability:
Voller 4,135,957 Jan. 23, 1979
Kreager et al. (Kreager) 4,534,818 Aug. 13, 1985
The examiner has rejected claims 1-16 under 35 U.S.C. § 103(a) as being
unpatentable over Kreager in view of Voller.
Rather than reiterate in detail the conflicting viewpoints advanced by the examiner
and the appellants regarding this appeal, we make reference to the examiner's answer
(mailed April 6, 2004) for the examiner's complete reasoning in support of the rejection
and to the appellants’ brief (filed February 27, 2004) for the appellants’ arguments.
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