Ex Parte PARKER et al - Page 2




         Appeal No. 2003-0214                                                       
         Application 09/441,490                                                     


              1. An apparatus for bulk palletizing a load comprising:               
              a tier building system;                                               
              a pallet station;                                                     
              a tier sheet station;                                                 
              a load build area;                                                    
              a top frame station;                                                  
              a dunnage supply line; and                                            
              a programmable robot, including a single means for                    
         transferring pallets, tiers of bulk product, tier sheets and top           
         frames to the load build area wherein the programmable, robot              
         includes a microprocessor and software configured to build a bulk          
         load by sequentially feeding a pallet, a tier of bulk product, a           
         tier sheet, a tier of bulk product and a top frame as necessary            
         to the load building area.                                                 
                                   THE EVIDENCE                                     
              The items relied on by the examiner as evidence of                    
         obviousness are:                                                           
         Genov et al. (Genov)          6,142,722             Nov. 7, 2000           
         Corsini                       6,238,173             May 29, 2001           
              The item relied on by the appellants as evidence of non-              
         obviousness is:                                                            
              The 37 CFR § 1.132 Declaration of Charles R. Kaufman                  
              made of record as part of Paper No. 8.                                
                                   THE REJECTION                                    
              Claims 1 and 3 through 31 stand rejected under 35 U.S.C.              
         § 103(a) as being unpatentable over Corsini in view of Genov.              



         building area” in claim 22; “the pushers” in claim 25; “the                
         sequence” in claim 27; “the load build area” in claims 28 and 29;          
         and “the feeding steps” in claim 30.                                       
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