Ex Parte HEINRICH et al - Page 2




             Appeal No. 2002-0377                                                           Page 2               
             Application No. 09/123,908                                                                          


                                                BACKGROUND                                                       
                   The appellants' invention relates to a transport system and to a method for                   
             controlling the transport system (specification, p. 1).  A copy of the claims under appeal          
             is set forth in the appendix to the appellants' brief.                                              


                   The prior art references of record relied upon by the examiner in rejecting the               
             appealed claims are:                                                                                
             Perry                            3,530,571                        Sept. 29, 1970                    
             Head, III                        4,884,674                        Dec. 5, 1989                      



                   Claims 1 to 25 stand rejected under 35 U.S.C. § 112 as being based on an                      
             inadequate disclosure.1                                                                             


                   Claims 1 to 11 and 15 to 22 stand rejected under 35 U.S.C. § 103 as being                     
             unpatentable over Perry in view of Head.                                                            


                   Rather than reiterate the conflicting viewpoints advanced by the examiner and                 
             the appellants regarding the above-noted rejections, we make reference to the final                 


                   1 We assume that this rejection is based on the enablement requirement found in the first     
             paragraph of 35 U.S.C. § 112.  That is, the specification fails to adequately teach how to make and/or use
             the invention.                                                                                      






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