Ex Parte Droog et al - Page 9



                Appeal 2007-0062                                                                             
                Application 10/706,797                                                                       

           1          Claim 58                                                                               
           2          Claim 58 recites the step of “grasping the opposed top edges of the                    
           3    bag with a pair of finger assemblies that move inwardly and down to grasp                    
           4    the top edges of the bag, the motion being with respect to the bag.”  The                    
           5    Examiner found that the steps of providing a pair of finger assemblies that                  
           6    move inwardly and down to grasp the top edges of the bag lacks support in                    
           7    the specification, since the specification at page 11, lines 14-31, teaches that             
           8    the finger assemblies are fixedly mounted to the gripper assembly 50 and                     
           9    that only the inner fingers 67 move outwardly from each other to meet the                    
          10    respective outer fingers 62 (FFs 6-7).                                                       
          11          Applicants’ annotated claim chart indicates that the finger assembly is                
          12    shown as items 64 and 67 (Fig. 3) (Br. 15).  Thus, the “pair of finger                       
          13    assemblies” includes two fingers 64 and 67 on one side of the bag (also                      
          14    shown for example attached to fixed arm 62(a) and moveable inner arm                         
          15    66(a) of Fig. 7(h)) and two fingers 64 and 67 on the other side of the bag                   
          16    (also shown for example, as attached to fixed arm 62(b) and moveable inner                   
          17    arm 66(b) of Fig. 7(h)).  As seen in Figs. 7(a)-7(h), in order for the finger                
          18    assemblies to “grasp the top edges of the bag,” the inner fingers attached to                
          19    the moveable inner arms 66(a) and 66(b) must move outward towards the                        
          20    fixed fingers.  Thus, the movement of the finger assemblies is not inwardly                  
          21    and down to grasp the top edges of the bag – the inner fingers move                          
          22    outwardly in order to grasp the bag.                                                         


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