Ex Parte Button et al - Page 12




         Appeal No. 2003-0587                                                  
         Application No. 09/533,514                                            


         association with the top surface of the lift table. Like              
         appellants (brief, page 7), we find nothing in Raudat which           
         teaches or suggests a lift table drive assembly lowering the lift     
         table as the case is being filled with containers. Instead, it        
         appears that the lift table of Raudat remains stationary until        
         the containers (A) are deposited in the case, with the impact         
         absorbing means of Figures 2, 2A cushioning the containers or         
         articles as they fall into the case and bottom out.                   

         The examiner’s assertion in the rejection (answer, page 4)            
         that the case in Raudat “is accelerated and subsequently              
         decelerated in a downward direction in order to absorb the impact     
         of the articles A” and the reference to column 1, lines 14-27 of      
         Raudat, do not appear to have anything to do with a drive             
         assembly for a lift table which operates in the particular manner     
         required in appellants’ claim 37 on appeal. The examiner’s            
         further comments on pages 9-10 of the answer with regard to when      
         the lift table of Raudat is started on its downward movement          
         appear to be based on pure speculation, and would further appear      
         to be contrary to the disclosure in the Raudat patent directed to     





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