Appeal 2007-0062
Application 10/706,797
1 assembly 50 and that only the inner fingers 67 move outwardly from each
2 other to meet the respective outer fingers 62 to clampingly engage a bag 46”
3 (Final Rejection 5).
4 Applicants’ Arguments
5 8. With respect to claim 48, Applicants argue2 that the gripper
6 assembly is capable of moving in three axes (Br. 10) and that (Br. 11):
7 It is clear that the gripper assembly 50 cannot advance
8 laterally and subsequently downwardly on a continuous basis
9 and that upward movement of the gripper assembly (e.g. the
10 arms 62, 66 and fingers 64, 67) must be completed during the
11 cycle. That is, it would be clear to a person skilled in the art
12 that the bag gripper assembly 50 would in fact advance laterally
13 towards the hopper 28 subsequently downwardly, such that the
14 fingers 64, 67 of both the inner 62 and the other arms 66 of the
15 gripper assembly 50 grasp the bag 46, laterally withdraw the
16 bag 46 from the area below the hopper 28 before transferring
17 the bag 46 to the conveyor station 120 and subsequently
18 moving upwardly into position for the next bag 46. (Emphasis
19 by Applicants).
20
21 9. The Examiner responded and found that (Answer 5):
22 Appellants’ gripper assembly being capable of moving in three
23 axis does not justify for the motion of the fingers in transferring
24 the bag to the sealing apparatus as claimed in step (f) of claim
25 48. The Board is respectfully directed to the last paragraph on
26 page 11 of the Brief, in which appellants have admitted that the
27 gripper assembly 50 moving upward into position for the next
28 bag is performed after the bag has been delivered to the sealing
2 We refer to the 10 August 2005 “Substitute Brief on Appeal.”
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Last modified: September 9, 2013