Appeal 2007-0062
Application 10/706,797
1 known or used by others in this country, or patented or described in a printed
2 publication in this or a foreign country, before the invention thereof by
3 applicant for patent.” 35 USC § 102(a).
4 E. Analysis
5 Claim 48
6 Claim 48 recites the step of delivering the bag to a sealing apparatus.
7 That step “includes the steps of providing a pair of finger assemblies and
8 moving the finger assemblies up, over, and down over the top edges of the
9 bag.” Thus, claim 48 requires that the steps of providing a pair of finger
10 assemblies and moving the finger assemblies up, over, and down over the
11 top edges of the bag be performed during the step of delivering the bag to
12 the sealing apparatus. See step (f) of claim 48.
13 The Examiner found that the steps of providing a pair of finger
14 assemblies and moving the finger assemblies up, over, and down over the
15 top edges of the bag during the step of delivering are lacking (FFs 4-5).
16 Applicants have failed to sufficiently demonstrate error in the Examiner’s
17 findings.
18 Applicants’ argument (FF 8) that one of ordinary skill in the art would
19 understand that the bag gripper assembly 50 would laterally withdraw the
20 bag 46 from the area below the hopper 28 before transferring the bag 46 to
21 the conveyor station 120 and subsequently move updwardly into position for
22 the next bag 46 is not supported by record evidence and based solely on
23 attorney argument. We will not credit Applicants’ unsupported argument.
7
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