Ex Parte Taylor - Page 2



             Appeal No. 2006-1908                                                            Page 2               
             Application No. 10/371,161                                                                           

                                               BACKGROUND                                                         
                    The appellant's invention relates to a product delivery chute assembly.                       
             Claim 1 is representative of the subject matter on appeal, and a copy of this claim                  
             can be found in the appendix to the appellant’s brief.                                               

                    The examiner relies upon the following as evidence of unpatentability:                        
                    Bacon et al . (Bacon)  6,119,438   Sep. 19, 2000                                              

                    There is only one rejection before us for review.  The examiner rejected                      
             claims 1-3 and 9-11 under 35 U.S.C. § 102(b) as being anticipated by Bacon.                          

                    Rather than reiterate in detail the conflicting viewpoints advanced by the                    
             examiner and the appellant regarding this appeal, we make reference to the                           
             examiner's answer (mailed September 22, 2005) for the examiner's complete                            
             reasoning in support of the rejection and to the appellant's brief (filed August 22,                 
             2005) for the appellant's arguments.                                                                 

                                                   OPINION                                                        
                    In reaching our decision in this appeal, we have carefully considered the                     
             appellant’s specification and claims, the applied prior art, and the respective                      
             positions articulated by the appellant and the examiner.  As a consequence of our                    
             review, we make the determinations that follow.  It is our view that, after                          







Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007