Ex Parte Buermann - Page 5




          Appeal No. 2004-0595                                                        
          Application No. 09/747,201                                                  


          such as the trolley 42 of Schram.  Rather, the claim language               
          specifically requires that the X-Y stage of the bed "causes the             
          effector to pull the flat object from the cassette mounted in the           
          mounting means."  Manifestly, the X-Y movement of Schram's bed              
          does not cause effectors 50 and 52 to pull the flat objects from            
          the cassette.  Since Mallory, relied on by the examiner for the             
          separate rejection of dependent claim 10, does not cure this                
          deficiency, we cannot sustain the examiner's rejections of claims           
          1-10 and 21.                                                                
               The examiner's § 103 rejections of claims 11-20 and 22 are             
          another matter.  Independent claims 11 and 22, directed to the              
          X-Y stage only, do not require that the X-Y movement of the bed             
          causes the movement of the effectors.  The claims only require              
          "the effector being attached to the bed and being rotatable about           
          a Z-axis with respect to the bed."  As properly explained by the            
          examiner, the effectors of Schram are attached to the bed.  While           
          the examiner appreciates that Schram does not disclose that the             
          effectors are rotatable about the Z-axis, we concur with the                
          examiner that Wooding evidences that imparting such rotating                
          movement to the effectors of Schram would have been a matter of             
          obviousness for one of ordinary skill in the art.  Although                 



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