Ex parte LACRIOLA - Page 5




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


          examiner appears to believe.  Instead, the strips might be                  
          imbedded in the conveyor with the outermost surface thereof flush           
          with the conveyor’s outermost surface.  Indeed, inasmuch as                 
          Bush’s conveyor travels “continuously” (see column 2, line 12)              
          and the various article pushers are actuated while the belt is              
          traveling or moving (see, e.g., column 3 line 5; column 4, lines            
          1 and 2), it would appear that if the strips extended outwardly             
          of the belt as the examiner contends, the risk of the strips and            
          pushers interfering with one another would be great.                        
               As to the examiner’s proposed modification of Teegarden in             
          view of the teachings of Anschutz, we find nothing in the                   
          combined teachings of these two references which would suggest              
          the substitution in Teegarden for his deflection gate an air                
          nozzle as shown by Anschutz.  While Anschutz discloses an air               
          nozzle 98 for deflecting articles in a sorting arrangement, the             
          environment and articles being deflected are completely disparate           
          to the collapsed carton sorting arrangement of Teegarden.  In               
          Teegarden the collapsed cartons being sorted are conveyed on edge           
          in a vertical orientation along a continuously moving conveyor              
          362 and deflected to one side or the other at spaced locations by           
          various gates (e.g., DG1L or DG1R) which are pivoted into the               



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