Ex Parte Kilby et al - Page 2

                  Appeal 2007-1581                                                                                         
                  Application 10/670,113                                                                                   

             1           Appellants invented an apparatus for assembling wrapped bakery                                    
             2    products into predetermined patterns prior to the loading thereof into bakery                            
             3    trays (Specification 2).                                                                                 
             4           Claims 63 and 64 under appeal reads as follows:                                                   
             5           63.  A method of assembling wrapped bakery products into                                          
             6    predetermined patterns and thereafter transferring the patterns of wrapped                               
             7    bakery products into bakery trays for transport including the steps of:                                  
             8           providing a grouping apparatus for receiving individual wrapped                                   
             9    bakery products;                                                                                         
           10            arranging groups of between 1 and about 6 wrapped bakery products                                 
           11     on the grouping apparatus;                                                                               
           12            providing a turntable;                                                                            
           13            providing a transfer apparatus for moving groups of wrapped bakery                                
           14     products from the grouping apparatus onto the turntable; and                                             
           15            arranging a subsequent group of wrapped bakery products on the                                    
           16     grouping apparatus during movement of a previous group of wrapped bakery                                 
           17     products from the grouping apparatus onto the turntable under the action of                              
           18     the transfer apparatus.                                                                                  
           19                                                                                                              
           20            64. A method of forming wrapped bakery products into                                              
           21     predetermined pattern thereafter transferring the patterns of wrapped bakery                             
           22     products into bakery trays including the steps of:                                                       
           23                   providing a turntable;                                                                     
           24                   forming a pattern of wrapped bakery products on the turntable;                             
           25                   providing a transfer apparatus;                                                            
           26                   moving patterns of wrapped bakery products directly from the                               
           27     turntable into bakery trays under the action of the transfer apparatus; and                              
           28                   forming a subsequent pattern of wrapped bakery products on                                 
           29     the turntable during movement of a previous pattern of wrapped bakery                                    
           30     products into a bakery tray under the action of the transfer apparatus.                                  
           31                                                                                                              
           32                                                                                                              
           33            The Examiner rejected claim 63 under 35 U.S.C. § 102(b) as being                                  
           34     anticipated by Euverard.                                                                                 


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