Appeal 2007-2967
Application 10/274,827
claimed invention must be literally present, arranged as in the claim."
Richardson v. Suzuki Motor Co., Ltd., 868 F.2d 1226, 1236, 9 USPQ2d
1913, 1920 (Fed. Cir. 1989). We find the Examiner has not presented
sufficient evidence to support a prima facie case of anticipation.
Bozich’s packaging method
employs a moving (conveyorized) stainless steel belt that has
bottom cooling capabilities . . . [A] tack-free thermoplastic
material [ ] is applied to the conveyor belt, either as an unrolled
film, or as an extruded, dispensed, sprayed or poured film or
layer thereon . . . The molten hot-melt adhesive that is to be
packaged is then poured, dispensed or extruded thereon. The
conveyorized hot-melt adhesive then moves downstream [ ]
while still molten, and encounters a compatible second tack-
free thermoplastic material that is applied thereon, either as an
unrolled film . . . or as a layer extruded thereon. . . . Before [the]
adhesive has solidified, two or more cooled surfaces, preferably
pattern rollers, are placed on top of the second thermoplastic
material causing it to be pushed against the first thermoplastic
material and the cooled belt beneath. One of the cooled
surfaces compresses the sandwiched hot melt to the desired
thickness. Then . . . [baffles or fins on] the two cooled surfaces
press a series of crossing sealed seams (channels) into the
sandwiched adhesive . . . compress[ing] the second
thermoplastic film to the first thermoplastic film and caus[ing] a
continuous seal to be formed in the . . . sandwiched hot-melt
adhesive that passes thereunder. . . . [The] baffles or fins are
deeper than the depth of the extruded adhesive and push the
second thermoplastic material (i.e., the top layer) down until it
touches the bottom layer (or film) and the chilled belt
underneath. This contact forms [ ] sealed seam[s] . . . and
results in the production of a series of individually packaged
adhesive packs (or bricks) connected to one another by . . .
seams. . . . At the end of the cooling belt, these seams are cut
. . .
(Bozich, Col. 6, ll. 5-51.)
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