Ex Parte Carey et al - Page 2




              Appeal No. 2006-0260                                                                Παγε 2                                       
              Application No. 10/139,678                                                                                                       


                     The appellants’ invention relates to a system and method of controlling the                                               
              handling, movement and sensing of mail trays or other mail items into a single file                                              
              arrangement on a conveyor system for downstream processing (specification, page 1).                                              
              A copy of the claims under appeal is set forth in the appendix to the appellants’ brief.                                         
                                                     The Prior Art                                                                             
                     The prior art references of record relied upon by the examiner in rejecting the                                           
              appealed claims are:                                                                                                             
              Denker    4,889,224   Dec. 26, 1989                                                                                              
              Terrell et al (Terrell)  5,950,800   Sep. 14, 1999                                                                               
                                                    The Rejection                                                                              
                     Claims 1 to 21 and 27 stand rejected under 35 U.S.C. § 103 as being                                                       
              unpatentable over Denker in view of Terrell.                                                                                     
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                                             
              the appellants regarding the above-noted rejections, we make reference to the answer                                             
              (mailed June 29, 2005) for the examiner's complete reasoning in support of the                                                   
              rejections, and to the brief (filed April 11, 2005) and reply brief (filed August 29, 2005)                                      
              for the appellants’ arguments thereagainst.                                                                                      























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