Ex Parte Gong et al - Page 4

                Appeal 2006-3391                                                                             
                Application 10/371,485                                                                       
                portion of said packaging material with a second portion of said packaging                   
                material " and the second issue is whether Adams meets the limitation of                     
                claim 7 of "forming, filling and sealing a packaging container."                             
                                           FINDINGS OF FACT                                                  
                FF1 An advantage of Adams' method is that adhesive that is substantially                     
                non-tacky after it has been applied and until it is activated, rather than wet               
                glue, is pre-applied to the carton blank (Adams 3:5-11).  "[T]he adhesive is                 
                pre-applied (and dried) on the carton blanks before the blanks are delivered                 
                to the carton packer" (Adams 4:15-18).  Adhesive 6 is placed on portions of                  
                the blanks 5 that will form side flaps 7, 8 and bottom tabs 9, 10 (Adams                     
                4:56-60, Fig. 2).                                                                            
                FF2 The carton blanks 5 of Adams are folded around pre-arranged bundles                      
                of cigarette packs overwrapped in cellophane (Adams 5:1-4).  The blanks                      
                are then folded at two score lines 13, 14 that become the bottom edges of the                
                carton, thus forming the bottom, front and back walls of the carton (Adams                   
                5:6-9).                                                                                      
                FF3 The blank-enclosed bundle is then pushed onto an exit ramp 19, where                     
                a flap folding apparatus 20 folds and holds the bottom tabs 9, 10 and side                   
                flaps 7, 8 of Adams' carton blank 5 over the sides of the enclosed bundle and                
                a flap folding apparatus 21 folds and holds the side walls 11, 12 of carton                  
                blank 5 over the bottom tabs 9, 10 and over side flaps 7, 8, thereby forming a               
                carton (Adams 5:10-18).                                                                      
                FF4 In the Adams process, the carton is not formed prior to being filled                     
                (FF2 and FF3).                                                                               
                FF5 After the carton is formed (FF3), it is moved along the exit ramp 19.                    
                At least one heating element 25, 26 is positioned on each side of exit ramp                  

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