Appeal No. 2006-1902 Page 2
Application No. 10/317,848
BACKGROUND
The appellant's invention relates to a rotary packaging machine for use with
tubular bag material having an assembly to prevent product from being located
between jaws during sealing of the bag material. Claims 1 and 11 are
representative of the subject matter on appeal, and a copy of these claims can be
found in the appendix to the appellant’s brief.
The examiner relies upon the following as evidence of unpatentability:
Goodenough et al. (Goodenough) GB 1 444 374 Jul. 28, 1976
Masubuchi et al. (Masubuchi) US 4,965,985 Oct. 30, 1990
Taylor EP 0 666 215 A1 Aug. 09, 1995
The following rejections are before us for review.
1. Claims 1-7 and 10 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Taylor in view of Goodenough.
2. Claim 11 stands rejected under 35 U.S.C. § 103(a) as being unpatentable
over Taylor in view of Goodenough and further in view of Masubuchi.
Rather than reiterate in detail the conflicting viewpoints advanced by the
examiner and the appellant regarding this appeal, we make reference to the
examiner's answer (mailed September 21, 2005) for the examiner's complete
reasoning in support of the rejection and to the appellant's brief (filed June 27,
2005) for the appellant's arguments.
OPINION
In reaching our decision in this appeal, we have carefully considered the
appellant’s specification and claims, the applied prior art, and the respective
positions articulated by the appellant and the examiner. As a consequence of our
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