Ex parte TROISI - Page 11




          Appeal No. 1997-4441                                                         
          Application 08/370,095                                                       

          to accept the slower speed.  Although not discussed, the                     
          support plate 18 in Brook which forms the weigh pan appears to               
          be about the same length as the distance between rods 11 and                 
          12.  However, none of these reasons have been advanced by the                
          Examiner.  In any case, we find no motivation in the                         
          references for the combination.                                              
               We have considered Harwood with respect to claim 11 but                 
          find that it does not cure the deficiencies in Born and Brook.               
          Accordingly, the rejection of claim 11 is reversed.                          
                                      CONCLUSION                                       
               The rejections of claims 1, 3-7, 9, and 11 are reversed.                
                                       REVERSED                                        




                         JAMES D. THOMAS                )                              
                         Administrative       Patent Judge   )                         
                                                        )                              
                                                        )                              
                                                        )                              
                                                        )  BOARD OF PATENT             
                         LEE E. BARRETT                 )     APPEALS                  
                         Administrative Patent Judge    )       AND                    
                                                        )   INTERFERENCES              
                                                        )                              
                                                        )                              
                                                        )                              
                         JOSEPH L. DIXON                )                              
                         Administrative Patent Judge    )                              
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