Ex Parte WINARSKI - Page 6



          Appeal No. 2000-1766                                                        
          Application No. 09/095,029                                                  

          themselves are stored in bins and that individual trays can be              
          removed from opposite ends of the magazine.                                 
               Appellant argues that there is no motivation for combining the         
          teachings of Yoshie and Felde.  We agree.                                   
               Yoshie specifically discloses that the small box 26, which the         
          examiner analogizes as the tray recited in claim 1, has a vertical          
          restraint 32 on side wall 31 which along with the indentation 33 on         
          tray 26 prevent the articles 12 from toppling in the container 13           
          so that an article can stand up when other articles are not present         
          in the container 13 (page 12 of translation).  As such, a person of         
          ordinary skill in the art would not have been motivated to                  
          eliminate the side wall 31 so that the article could be removed             
          from both sides of tray 26.                                                 
               In view of the foregoing, the decision of the examiner is              
          reversed.                                                                   









                                          6                                           




Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007