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                     COMMISSIONER'S DECISION

 

OBVIOUSNESS: Grain Harvester Equipment

 

Positioning an additional duct area at the rear of the collector screen to catch

grain which passes over the screen is not novel.

 

Final Action: Affirmed

 

                        **********

 

This decision deals with a request for review by the Commissioner of

Patents of the Examiner's Final Action dated March 3, 1976, on

application 159,838 (Class 130-19). The application was filed on December

22, 1972, in the name of David J. Farrant, and is entitled "Grain

Harvester Equipment."

 

This application relates to a grain collecting attachment for a grain har-

vester. The unit is attached to and rearwardly of the downstream duct.

Figures 2 and 3 of the application are shown below to illustrate that device.

 

                           (See formula II)

 

                           (See formula III)      

 

In the Final Action the examiner rejected the claims for lacking patentable

subject matter over the following reference;

 

Canadian Patent

 

597,142                            May 3, 1960                 Angus

 

This patent is for a grain saving collecting attachment for combines. It attaches to

the rear of the shaker frame and has an air duct therein. Figure 3 is

illustrative of the patented device

 

                                       (See formula 1)

 

In the Final Action the examiner stated (in part):

 

The examiner in studying applicant's device is unable

to ascertain in the claims any inventive improvement

in this device. The state of the art has not been

advanced. In effect all applicant has done is to

remove the screen 38 and blower 80-84 of Angus, with

the corresponding loss of their function, namely

rejection of chaff. Applicant of course does not

consider a small amount of chaff any great problem

since he returns his saved product for rethreashing.

But this is not seen to involve invention. It is mere

matter of choice.

 

As regard the adjustability of applicant's components

these are held to be mere matters of choice, well

within the skills of an ordinary workman in this field.

 

All claims thus stand rejected.

 

As regards the provision of a blower for producing

an upward draft of air through the main grain duct

below the shaker 18 of Angus it is held that this is

conventional in combines. It is such air flow that

blows the chaff and straw away from the heavier falling

grain. Attention is directed to Canadian Patent

536,636 to Busack on February 5, 1957, note fan at

40,41 for creating an upward air flow. It is this sort

of air flow that is present in Angus even though it is

not discussed by him. Angus does note his blower 44-46

is "auxiliary", page 3, line 1.

 It is again stressed that Angus provides his blower

 44-46 and pipe 76 with holes 78-82 therein to

 separate grain and chaff. But the grain is saved.

 Applicant on the other hand is not concerned with an

 additional cleaning step and returns not only the saved

 grain, but any chaff that is present. Thus applicant's

 device is simpler, to be sure, but doesn't perform the

 additional cleaning step. Simplification with cor-

 responding loss of function is clearly not inventive.

 

 In his response to the Final Action the applicant contended that this

 action was improper as it was not on the same ground as any previous action

 and submitted arguments with respect to the primary reference which stated

 (in part):

 

 Both Angus and the present invention are concerned

 with grain saving attachments for harvesters. In both

 attachments the objective is to retrieve grain that would

 otherwise be lost at the rear edge of the implements

 used for separating grain from chaff. At this point

 the similarities end.

 

 The Angus apparatus is an attachment to a combine in

 which a shaker is used to separate the grain from the

 chaff. In Angus, the attachment employs an auxiliary

 chaffer 38 attached to the rear of the shaker 18 for

 movement with the shaker, a blower and duct arrangement

 44, 72, 74 and 76 for blowing air upwardly through the

 auxiliary chaffer to separate chaff and straw from

 grain, and a grain tray 30 below the auxiliary chaffer

 and blower for collecting grain falling through the

 chaffer and feeding it through an opening 42 in the

 rear of the outlet duct 20. (It will be noted that

 the element 30 is a tray  and not a duct since it has

 only bottom and partial side walls. The top and front

 of the tray 30 are open, the top to receive the large

 chaffer 38 and the front to permit movement of the

 chaffer 38 and tray 30 with respect to the blower

 tube 76 and outlet duct 20.)

 

Applicant's apparatus is an attachment for a harvester

 in which a collector screen is used in combination

 with an upward draught of air through the outlet duct

 and through the screen for separating grain from chaff.

 Applicant's attachment consists of a sheet metal return

 duct positioned at the rear of the collector screen.

 The duct has an unobstructed mouth positioned to collect

 grain which passes over the rear edge of the screen.

 The duct leads into the outlet duct beneath the

 collector screen through a restricted opening. In

 applicant's apparatus, no chaffer and no blower are

 necessary since the air current passing upwardly through

 the screen flows past the mouth of the return duct to

 carry the chaff away. Because this flow of air passes

 through the outlet duct, the restricted opening

 between the return duct and the outlet duct is inclu-

 ded to avoid an undesired flow of air upwardly through

 the return duct. (No such flow occurs in Angus since

 he does not employ a flow of air through the outlet

 duct. )

 

The issue to be considered is whether or not the claims are directed

to a patentable advance in the art. Claim 1 reads as follows:

 

Grain harvesting equipment comprising a collector screen

for separating grain from chaff, an outlet duct for the

grain passing through the screen, a return duct having

an unobstructed mouth positioned to collect grain which

passes over the screen and leading into the outlet duct,

a blower for providing an upward current of air through

the outlet duct and the screen and past the mouth of the return

duct, and a restricted opening between the return duct and

the outlet duct for controlling draught of air from the

blower through the return duct, and through which gram

collected by the return duct can pass into the outlet duct.

 

We do not agree with the applicant's submission that the Final Action

was improper. The examiner's action dated September 30, 1975 cited the

Angus patent and stated "the examiner in studying the applicants

device is unable to ascertain any inventive improvement in this device.

The state of the art has not been advanced." In the Final Action the

Angus reference was applied and the examiner stated that "in studying the

applicants device the examiner is unable to ascertain in the claims any

inventive improvement in this device." Also in enlarging on the blower

art, in this field the examiner directed the applicants attention to the

Busack patent of Feb. 5, 1957. This patent is added merely to substantiate

what is common knowledge in the art and was not applied to any of the

rejected claims.

 

Another objection made by the applicant is to the examiners requirement for

clarification of statements identifying the ducts. As there are other areas

of the disclosure unclear we will comment on this later. We fail to find

any valid basis on either ground for objecting to the Final Action report.

 

Turning to the specification we observe that the disclosure is not clear and

the drawings also lack many basic essential details necessary for a full

understanding of the alleged invention. For example, in the second paragraph

of page 2 the applicant outlines a series of elements as his invention whereas

these elements and their arrangement with respect of one another is well known

in the grain harvester art,as shown in the Angus citation used by the

examiner. Throughout the disclosure the applicant makes confounding

reference to upstream duct, downstread duct and return duct. In order to

comprehend this arrangement there should be a cross sectional view in the

drawings to clearly show the position of these ducts. As currently on file

figures 2 and 3 are extremely obscure with respect to detail and the size

proportion of the various elements.

 

Therefore, we can readily understand why the examiner required an amendment

in the Final Action report with regard to duct air flow. In his response the

applicant states that the "examiner has not understood this important aspect

of the applicants claimed apparatus." With the disclosure in its present

form coupled with the inadequate drawings we also have difficulty to understand

the important aspects of the applicants alleged invention.

 

One of the arguments advanced by the applicant is that this attachment consists

of a sheet metal return duct positioned at the rear of the collector screen

wherein there is an unobstructed mouth to collect the grain which passes over

the rear edge of the screen. Looking at the Angus citation it also has an

additional duct positioned at the rear of the screen as well as an unobstructed

mouth since the duct is retained by the straps 40. We, therefore, find no

novelty in the patent sense in this portion of the applicants arrangement.

 

Another feature argued by the applicant is that in his device air flow passes

through the outlet duct and the restricted opening between the return duct

and outlet duct to avoid an undesirable flow of air upwardly through the

return duct. Further the applicant states that "no such flow occurs in Angus

since he does not employ a flow of air through the outlet duct." Angus does

have an air flow in his screen area 18 of which some would flow through opening

42 to the added duct. The air supply pipe 72 provides constant air flow

through the openings 78 which is within the confines of the added duct.

Consequently we cannot agree with the applicant that no flow occurs in the

Angus device.

  The applicant maintains that an ingenious feature of his invention is that

  he has an unobstructed duct for collecting grain and he does not require a

  separate outlet duct because he feeds grain from the return duct into the

  outlet duct through a small slot. In Angus the opening duct between the

  straps 40 also can be construed as an unobstructed duct and the slot 42 feeds

  grain into the outlet duct as does the applicant. There is not in our view

  any ingenuity in these features.

 

  Considering claim 1 we find it calls for a collector screen, an outlet duct,

  a return duct and a restricted opening between the return duct and the outlet

  duct. As we have pointed out earlier with respect to page 2, paragraph 2 of

  the disclosure, these elements and their respective position relative to one

  another are known in grain harvesting equipment. Certainly the additional

  duct of Angus corresponds to the applicants "return" duct and the other ducts

  are also part of this citation. It is our view that claim 1 is not directed

  to a patentable advance in the art and should be refused.

 

  Claims 2 to 6 depend on claim 1 and they add features of adjustable opening,

  multiple ducts, and removing the return duct. These added features do not

  make these claims patentable over refused claim 1.

 

  Independent claim 7 specifies an outlet duct, a fixture fitted to the collector

  screen and a plate which is adjustable to control air flow. The basic compo-

  nents of this claim are also found in the Angus citation. Granted the

  adjustable air flow control in Angus utilizes a rotational movement as compared

  to the applicants movable panel opening 20, but this is not patentably

  significant. Therefore, claim 7, and claim 8 which depends on it, are refused.

 

In the Final Action the examiner indicated that he would allow a claim or

  claims which "sets forth the member 21 in its two positions 21, 21' above the

  upper end extremity of the assembly adjustably mounted by way of arcuate slots."

  We agree with the examiner that this added feature would clear the cited art.

 

We are satisfied that the claims are not directed to any patentable

improvement over the prior art and recommend that the Final Action rejecting

the claims be affirmed.

 

J.F. Hughes

Acting Chairman

Patent Appeal Board,Canada

 

I have studied the prosecution of this application and reviewed the recom-

mendations of the Patent Appeal Board. In the circumstances I have decided

to refuse claims 1 to 8. I will however, accept claims when amended as

indicated by the Board. The applicant has six (6) months within which to

delete claims 1 to 8, submit the suggested amended claims, or appeal this

decision under the provisions of Section 44 of the Patent Act.

 

J.H.A. Gari‚py

Commissioner of Patents

 

Agent for Applicant

 

Fetherstonhaugh & Co.

70 Gloucester Street

Ottawa 4, Canada

 

Dated at Hull, Quebec

this 3rd. day of May, 1977

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