Ex Parte Algren et al - Page 2

            Appeal 2007-1828                                                                                 
            Application 10/772,811                                                                           

                Appellants claim an apparatus for moving particulate material such as grain.                 
            The apparatus consists of a body including a motor, a housing having a cavity, and               
            a paddle assembly that actually contacts the grain and expels it forwardly.                      
                Claim 1, reproduced below, is further illustrative of the claimed subject matter.            
                1.  An apparatus for moving particulate matter, comprising:                                  
                a body having a motor;                                                                       
                a drive housing disposed on the body;                                                        
                a cavity disposed in the body, the cavity having a first side, a second side, and            
            at least a partial semi-circular cross-sectional shape;                                          
            a paddle assembly having a shaft and a plurality of paddles disposed therefrom,                  
            each paddle having a bottom wall and a distal end, wherein the distal end travels                
            along the semi-circular cross-sectional shape of the cavity during operation, and                
            the bottom wall extends along an entire width of the paddle in a substantially                   
            planar manner between the first side wall and the second side wall of the cavity                 
            and wherein each paddle includes a pair of side walls that in combination with the               
            bottom wall define an open region; and                                                           
            a drive mechanism disposed in the drive housing, the drive mechanism                             
            operatively connecting the motor and the shaft.                                                  
                                                                                                            
                   The references of record relied upon by the examiner as evidence of                       
            anticipation and obviousness are:                                                                
            Guillemette     3,085,832    Apr. 16, 1963                                                       
            Thorud     Re. 33,726    Oct. 29, 1991                                                           
                   Claims 1-7, 9-14, and 16-22 stand rejected under 35 U.S.C. § 102 as                       
            anticipated by Thorud.                                                                           
                   Claims 8, 15, and 23 stand rejected under 35 U.S.C. § 103 as unpatentable                 
            over Thorud in view of Guillemette.                                                              




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