Ex Parte Kilby et al - Page 4

                  Appeal 2007-1581                                                                                         
                  Application 10/670,113                                                                                   

             1                                  FINDINGS OF FACT                                                           
             2           Euverard discloses a method of assembling wrapped bakery products                                 
             3    into predetermined patterns including the steps of providing a grouping                                  
             4    apparatus for receiving wrapped bakery products.  This grouping apparatus                                
             5    comprises the conveyor 21 with conveyor belt 25, grouping gate 27, and                                   
             6    gate 68.  The bakery products are fed via the conveyor 21 and grouped into                               
             7    groups of four by the grouping gate 27 and the gate 68 (Figs. 1 and 3).  The                             
             8    bakery products are then moved from the conveyor 21 to the turntable by a                                
             9    transfer apparatus which comprises conveyor section 47 that includes rollers                             
           10     48.  (Euverard, col. 8, ll. 26-29; Fig. 2).  As such, Euverard discloses a                               
           11     grouping apparatus separate from the transfer apparatus.  In addition, as the                            
           12     conveyor 21 moves the bakery products to the transfer apparatus and to the                               
           13     turntable, another group of bakery products is moved to the grouping                                     
           14     apparatus by conveyor 21 (Euverard Fig. 3; col. 8, ll. 29-32).                                           
           15            Schneider discloses a method of forming wrapped bakery products                                   
           16     including the step of moving patterns of wrapped bakery products from a                                  
           17     turntable into bakery trays.  However, the bakery products are moved from                                
           18     the turntable to a transfer conveying assembly 80 to a loader assembly 110                               
           19     and then into bakery containers 25 (Figs. 1 and 4A).  The bakery products                                
           20     are not moved directly from the turntable into bakery trays.                                             
           21                                        DISCUSSION                                                            
           22            We will sustain the Examiner’s rejection of claim 63 because we find                              
           23     that Euverard discloses the claimed grouping apparatus in the form of                                    
           24     grouping gate 27, conveyor 21, and gate 68.  This grouping apparatus (21,                                
           25     27, 68) is indeed separate from the transfer apparatus which moves the                                   


                                                            4                                                              

Page:  Previous  1  2  3  4  5  Next

Last modified: September 9, 2013