Ex Parte Cook et al - Page 5



          Appeal No. 2004-0410                                                        
          Application No. 09/509,415                                                  

          the tray design of Mojden ‘278 is such that the sticks contained            
          therein would not exhibit the inadvertent depalletizing problem             
          which is solved by the pallet wrapping technique of Mojden ‘010.            
               Second, the objectives of Mojden ‘278 would be frustrated by           
          the pallet wrapping technique of Mojden ‘010.  For example, an              
          objective of Mojden ‘278 is “to provide an automatic tray loading           
          and unloading system for accommodating and balancing operations             
          among multiple stations in a multiple station can end processing            
          and handling facility” (column 2, lines 62-65).  Toward this end,           
          the invention of Mojden ‘278 comprises “an automatic loading and            
          unloading system for loading articles [i.e., sticks] supplied               
          from a first location at a rate commensurate with the rate at               
          which articles are supplied from said first location, into trays            
          and for unloading said articles from said trays for transport to            
          a second location at a rate commensurate with the demand for said           
          articles at said second location, and for balancing a supply of             
          articles loaded onto said trays with variations in both the rate            
          of supply thereof and the rate of demand therefor” (column 2,               
          line 67, through column 3, line 8).  Thus, an artisan would have            
          been disinclined to provide the invention of Mojden ‘278 with the           
          pallet wrapping technique of Mojden ‘010 as proposed by the                 
          examiner because the presence of the pallet wrapping material               
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