Ex Parte Hoyaukin

Board of Patent Appeals and Interferences

May 16, 2011

10548882 (B.P.A.I. May. 16, 2011)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte PETER HOYAUKIN
____________

Appeal 2009-011220
Application 10/548,882
Technology Center 3700
____________

Before STEVEN D.A. McCARTHY, KEN B. BARRETT and
FRED A. SILVERBERG, Administrative Patent Judges.

McCARTHY, Administrative Patent Judge.

DECISION ON APPEAL

STATEMENT OF THE CASE 1
The Appellant appeals under 35 U.S.C. § 134 from the Examiner’s 2
decision finally rejecting claims 1, 3-4, 6-11 and 14 under 35 U.S.C. 3
§ 102(b) as being anticipated by Thompson (US 3,391,715, issued Jul. 9, 4
1968). Claims 5, 13 and 15-25 are objected to as being dependent on a 5
rejected base claim. Claims 2 and 12 are cancelled. An oral hearing was 6
held on May 10, 2011. We have jurisdiction under 35 U.S.C. § 6(b).7
Appeal 2009-011220
Application 10/548,882

2

We REVERSE. 1
Claims 1 and 6 are independent. Claim 1 is illustrative of the claims 2
on appeal: 3
1. A method for binding elongate objects 4
together by means of at least one wire, 5
two claws provided with guide surfaces for 6
the wire being guided down over the objects to be 7
bound together, 8
after which a wire is fed along the guide 9
surface of one claw and across to the guide surface 10
of the other claw, so that it is shaped into a wire 11
loop surrounding the said objects on three sides, 12
wherein the wire is fed to the guide 13
surface of one claw via a first guide 14
arrangement in an arrangement which is 15
rotatable relative to the claws, and is fed 16
away from the second claw via a second 17
guide arrangement in the rotatable 18
arrangement, 19
after the wire has been fed to the second 20
guide arrangement, the wire is fixed therein while 21
a retracting force is applied to the wire to bring 22
about stretching of the latter around the objects to 23
be bound together, 24
the rotatable arrangement is made to rotate 25
for twisting-together of the two parts of the wire 26
for binding together the objects the wire surrounds, 27
and, 28
during twisting together, the wire is held in 29
each guide arrangement in the rotatable 30
arrangement such that the wire length necessary 31
for twisting-together of the wire part is allowed to 32
be drawn out while a resistance is overcome. 33
(Italics added.) 34
Appeal 2009-011220
Application 10/548,882

3

Claim 6 recites a machine for binding elongate objects together by 1
means of at least one wire. The machine includes a first guide arrangement, 2
via which the wire is fed to the guide surface of one claw, and a second 3
guide arrangement, via which the wire is fed away from the second claw. 4
Claim 6 further recites “the respective guide arrangement being designed or 5
provided with an arrangement such that during rotation of the rotatable 6
arrangement, the wire length necessary for twisting-together of the legs of 7
the wire loop is allowed to be drawn out while a resistance is overcome.” 8
(Italics added.) 9
Thompson discloses a wire tying machine 21. (Thompson, col. 2, ll. 10
20-21). The wire tying machine 27 includes a shaft 72. The wire machine 11
21 also includes a disc 67 of frusto-conical shape fixed to the shaft 72 and a 12
lower shear plate 100 keyed to the shaft 72. (Thompson, col. 4, ll. 5-11 and 13
fig. 2). An upper shear plate 97 faces the lower shear plate 100. 14
(Thompson, fig. 2). The wire tying machine 21 also includes a ring 101 15
having an internal surface of frusto-conical shape. (Thompson, col. 4, ll. 3-16
5). 17
Figure 12 of Thompson depicts a loop of wire 27 formed around 18
objects to be bound. Wire 27 from a supply extends through aligned bores 19
96, 99, 103 in the upper shear plate 97, the lower shear plate 100 and the 20
ring 101 to form one end of the loop. The other end of the loop extends 21
through an opening 104 in the ring 101. (Thompson, col. 3, l. 69 – col. 4, l. 22
11). When the disc 67 presses against the internal surface of the ring 101, 23
the ends of the loop are trapped between the disc 67 and the internal surface 24
of the ring 101. When the shaft 72 rotates, the lower shear plate 100, the 25
disc 67 and the ring 101 rotate as a unit relative to the upper shear plate 97. 26
Appeal 2009-011220
Application 10/548,882

4

The rotation of the lower shear plate 100 relative to the upper shear plate 97 1
shears the wire 27 between the supply and the loop. The rotation of the disc 2
67 and the ring 101 as a unit twists the ends of the wire 27 together to close 3
the loop about the objects to be bound. (Thompson, col. 5, ll. 20-31). 4
Thompson does not disclose the claim limitations italicized above. 5
The Examiner’s interpretation of claims 1 and 6 at page 4 of the Answer 6
would render the term “during twisting together” in claim 1 and “during 7
rotation of the rotatable arrangement” in claim 6 superfluous. Since page 2, 8
line 36, through page 3, line 7, and page 11, lines 20-27, of the Specification 9
support interpretations of claims 1 and 6 which do not render the terms 10
superfluous, the Examiner’s interpretation is unreasonable. 11
When claims 1 and 6 are properly construed, the Examiner’s citation 12
at page 3 of the Answer to column 2, lines 33-43 of Thompson is inapposite. 13
The passage at column 2, lines 33-43 of Thompson does not describe either 14
a method step carried out during twisting together of the two parts of the 15
wire loop. Neither does the passage refer to a function which any 16
component of Thompson’s tying machine 21 is designed or provided to 17
perform during rotation of the rotatable arrangement, that is, during rotation 18
of the lower shear plate 100, the disc 67 and the ring 101 relative to the 19
upper shear plate 97. As the Appellant points out at page 5 of the Reply 20
Brief, the passage at column 2, lines 33-43 of Thompson refers to the supply 21
of wire to the tying machine 21. Since the wire supply is isolated from the 22
loop before the lower shear plate 100, the disc 67 and the ring 101 are 23
rotated and the ends of the wire are twisted together, the wire supply is 24
incapable of performing any function affecting the wire while the lower 25
Appeal 2009-011220
Application 10/548,882

5

shear plate 100, the disc 67 and the ring 101 rotate relative to the upper shear 1
plate 97 and the wire is being twisted. 2
Thompson does not disclose each and every element of independent 3
claim 1 or of independent claim 6. We do not sustain the Examiner’s 4
rejection of claims 1-3, 4, 6-11 and 14 under 35 U.S.C. § 102(b) as being 5
anticipated by Thompson. 6
7
DECISION 8
We REVERSE the Examiner’s decision rejecting claims 1-3, 4, 6-11 9
and 14. 10
11
REVERSED 12
13
14
Klh 15