Ex parte STOUT - Page 2




                     Appeal No. 1997-1878                                                                                                                                              
                     Application 08/372,532                                                                                                                                            


                     in independent form.                                                                                                                                              


                                The claims on appeal are drawn to an article carrier, and                                                                                              
                     are reproduced in the appendix of appellant’s brief.1, 2                                                                                                          
                                The references applied in the final rejection are:                                                                                                     
                     Holley, Jr.                                           4,588,084                                             May  13, 1986                                         
                     Stout et al. (Stout)                                  5,333,734                                             Aug.  2, 1994                                         
                     Skillen (Canada)                                      877,792                                               Aug. 10, 1971                                         
                                The appealed claims stand finally rejected under 35                                                                                                    
                     U.S.C. 103(a) as unpatentable over the following combinations                                                                                                     
                     of references:3                                                                                                                                                   
                     (1) Claims 1 and 2, Holley in view of Stout;                                                                                                                      
                     (2) Claims 4, 5 and 8, Holley in view of Stout and Skillen.                                                                                                       


                                1 All references herein to appellant’s brief are to the                                                                                                
                     amended brief filed on Dec. 3, 1999.                                                                                                                              
                                2In reviewing the application, it appears that the right-                                                                                              
                     hand ends of hand holes 148a, 148b, 149a and 149b in Fig. 3                                                                                                       
                     should be open.   Also, on page 5 of the specification, “22"                                                                                                      
                     in lines 14 and 15 should be --24--, and “24" (first                                                                                                              
                     occurrence) in line 16 should be --22--.                                                                                                                          
                                3 A further rejection of claims 4, 5 and 8 under 35 U.S.C.                                                                                             
                     112, second paragraph, has, as stated by the examiner in Paper                                                                                                    
                     No. 27 (Dec. 21, 1999), been overcome by the amendment filed                                                                                                      
                     on Oct. 7, 1999.                                                                                                                                                  

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