Ex parte LACRIOLA - Page 4




          Appeal No. 96-2099                                                          
          Application 08/128,976                                                      


               outwardly members to form pockets as taught by Bush to                 
               reject [sic, eject] articles at a proper unloading position            
               (Bush, column 1, lines 36-41) and to modify a trap door                
               mechanism of Teegarden to have an air blower as taught by              
               Anschutz to eliminate timing problems with other mechanical            
               handling device[s] (Anschutz, column 12, lines 38-43).                 
               [Answer, page 3.]                                                      
               We do not agree with the examiner’s position.  Even if we              
          were to agree with the examiner that it would have been obvious             
          to utilize Teegarden’s method to sort sheets, we cannot agree               
          with the examiner’s (1) finding that the elements or “lines” 24             
          of Bush are outwardly extending or (2) position that it would               
          have been obvious to substitute in Teegarden for his deflection             
          gate (e.g., DG1L) to remove articles from the conveyor belt 362             
          an air nozzle as shown by Anschutz at 98.                                   
               With respect to the teachings of Bush, we find absolutely              
          nothing therein which either teaches or suggests outwardly                  
          extending members on the conveyor belt 10 as the examiner                   
          asserts.  Bush teaches that his conveyor belt 10 comprises a                
          plurality of carrying sections 22                                           
               which sections may be defined by lines 24 which may be                 
               painted on the belt or they may comprise strips of                     
               wood, metal or other material. [Column 2, lines 32-34.]                
          It does not follow that just because the “lines 24" are defined             
          by strips of “wood, metal or other material” instead of paint,              
          that these strips would extend outwardly from the surface as the            
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