Ex parte LACRIOLA - Page 7




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


          as the examiner has proposed, the deflecting gates (such as DG1L            
          and DG1R) would have to be removed in order to leave gaps or                
          spaces through which a collapsed carton deflected by the air                
          nozzles could pass.  With such large gaps or spaces on both sides           
          of the conveyor 362, it does not appear that a collapsed carton             
          would be vertically conveyed past the successive sorting channels           
          in the manner intended by Teegarden.                                        
               For the foregoing reasons we will not sustain the rejection            
          of the appealed claim under 35 U.S.C. § 103 based on the combined           
          teachings of Teegarden, Anschutz and Bush.                                  
                                      REVERSED                                        



               HARRISON E. McCANDLISH             )                                   
               Senior Administrative Patent Judge )                                   
                                             )                                        
                                             )                                        
                                             )   BOARD OF PATENT                      
          JAMES M. MEISTER                   )     APPEALS AND                        
               Administrative Patent Judge        )    INTERFERENCES                  
                                             )                                        
                                             )                                        
                                             )                                        
               JEFFREY V. NASE                    )                                   
               Administrative Patent Judge        )                                   






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