Ex Parte Droog et al - Page 4



                Appeal 2007-0062                                                                             
                Application 10/706,797                                                                       

           1                (c) grasping the opposed top edges of the bag with a pair of                     
           2          finger assemblies that move inwardly and down to grasp the top edges                   
           3          of the bag, the motion being with respect to the bag;                                  
           4                (d) delivering the bag to a sealing apparatus; and                               
           5                (e) sealing the bag.                                                             
           6          The Examiner’s Findings                                                                
           7          4.  The Examiner found that Applicants’ specification does not                         
           8    provide written description support for, among other things, the steps of                    
           9    “providing a pair of finger assemblies and moving the finger assemblies up,                  
          10    over, and down over the top edges of the bag” as recited per independent                     
          11    claim 48 (Final Rejection 3 and Answer 3).                                                   
          12          5.  Specifically, the Examiner found that the delivering step only                     
          13    includes moving the finger assemblies laterally, directing attention to the                  
          14    portion of the Specification (14:3-5) that states: “The gripper assembly 50                  
          15    then retracts laterally, as seen in Figure 7(i), and transfers the bag 46                    
          16    longitudinally to the conveyor station 54.”  (Final Rejection 4).                            
          17          6.  The Examiner found that Applicants’ specification does not                         
          18    provide written description support for, among other things, “grasping the                   
          19    opposed top edges of the bag with a pair of finger assemblies that move                      
          20    inwardly and down to grasp the top edges of the bag” as recited in                           
          21    independent claim 58 (Final Rejection 3 and Answer 3).                                       
          22          7.  Specifically, the Examiner found that the specification (11:14-31)                 
          23    describes “that the fingers assemblies are fixedly mounted to the gripper                    
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