Appeal 2007-1596
Application 09/996,707
bruising of the vegetative produce, where the foam padding is formed with
an anti-microbial agent to retard the growth of microbes within the padding
(Br. 5).1 Independent claim 15 is illustrative of the invention and a copy of
this claim is reproduced below:
15. A vegetative produce handling machine, comprising:
at least one stationary vegetative produce-contacting surface; and
a foam padding covering at least a portion of said stationary
vegetative produce-contacting surface of the machine, wherein said foam
padding is intended to reduce bruising of the vegetative produce contacting
the stationary surface and where said foam padding is formed with an anti-
microbial agent to retard the growth of microbes on the padding.
The Examiner has relied upon the following prior art references as
evidence of obviousness:
Bowman US 2,012,655 Aug. 27, 1935
Moore US 2,195,371 Mar. 26, 1940
Newhall US 2,534,205 Dec. 12, 1950
Smith US 2,635,267 Apr. 21, 1953
Schnider US 2,880,432 Apr. 07, 1959
Kurtz US 3,242,008 Mar. 22, 1966
Butterworth US 3,449,779 Jun. 17, 1969
Ross US 3,651,922 Mar. 28, 1972
Eguchi (JP ‘841), JP 6-246841 Sep. 06, 1994
(as translated)
Zabron US 5,906,269 May 25, 1999
Boyle US 6,309,741 B1 Oct. 30, 2001
ISSUES ON APPEAL
Claim 7 stands rejected under 35 U.S.C. § 112, first paragraph, for
failing to comply with the written description requirement (Answer 3).
1 We refer to and cite from the “Supplemental Appeal Brief” dated May 27,
2005.
2
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