Ex parte HOZA et al. - Page 14




          Appeal No. 1998-2358                                      Page 14           
          Application No. 08/396,243                                                  


          modification needed to arrive at the claimed invention (see,                
          e.g., In re Lalu, 747 F.2d 703, 705, 223 USPQ 1257, 1258 (Fed.              
          Cir. 1984)).  As we have noted above in Rejections (3) and (4),             
          Chandhoke discloses a stacker and not a "cart" as the examiner              
          asserts, and there is simply nothing which would fairly suggest             
          providing Chandhoke with a second stacking face.                            
               With respect to Rejections (6) and (7), we have carefully              
          reviewed the teachings of Anderson and Schultz, but find noth-              
          ing therein which would overcome the deficiency of Chandhoke                
          that we have noted above.                                                   


               In summary:                                                            
               With respect to Rejection (1), the rejection under 35                  
          U.S.C. § 103 based on the combined teachings of Cardenas and                
          Breski is (a) affirmed with respect to claims 1 and 10 and (b)              
          reversed with respect to claims 6, 8 and 9.                                 
               Rejections (2) through (7) are all reversed.                           














Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next 

Last modified: November 3, 2007