Ex Parte Cook et al - Page 6



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

          would militate against the stick or article loading, unloading              
          and balancing desideratum of Mojden ‘278.                                   
               In short, the examiner’s proposed combination of the above             
          discussed prior art would solve no problem and serve no purpose             
          relevant to Mojden ‘278 and indeed would be counterproductive to            
          the objectives of Mojden ‘278.  This flaw in the examiner’s                 
          obviousness rationale fatally taints each of the rejections                 
          before us.  It follows that we cannot sustain any of the Section            
          103 rejections advanced by the examiner on this appeal.                     
                                   OTHER ISSUES                                       
               In reviewing the application file record, we observe                   
          numerous informalities in the specification and claims that are             
          deserving of correction.                                                    
               For example, the characterizations of drawing figures 1                
          through 22B on specification pages 4 and 5 do not uniformly                 
          correspond to the actual drawing figures (i.e., figures 1 through           
          21B-2).  Additionally, line 18 on specification page 6 refers to            
          a figure but does not reveal the number of the figure in question           
          (i.e., a blank space appears where the figure number should be).            
          On line 4 of specification page 7, reference is made to figure              



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