Ex parte SKOW et al. - Page 9

          Appeal No. 96-1883                                                          
          Application 08/078,380                                                      

               Claim 5 adds to claim 1 the requirement that the member upon           
          which the articles are moved be flexible.  Here we do not agree             
          with the examiner’s position.  It is our view that this feature             
          of the appellants’ invention is neither explicitly taught by                
          Whelan, nor would Whelan have suggested it to one of ordinary               
          skill in the art.                                                           
               This rejection of claim 5 is not sustained.                            
               Claims 28 through 32 have been grouped together by the                 
          appellants.  Claims 28 through 31 add to claim 1 a limitation               
          establishing a numerical value for the angle between the outlet             
          and the working surface (the “effective angle”), and a numerical            
          relationship between the length and the width of the outlet in              
          the working surface.  Claim 32 defines the effective angle in               
          terms of the speed at which the issuing stream propels the                  
          article to be transported.  In view of their being grouped                  
          together, we need focus only upon claim 28, as being                        
               We begin our analysis here by noting that the appellants’              
          have, on pages 1 and 2 of the substitute specification (Paper No.           
          21), discussed certain patents, after which they acknowledged the           
          presence in the prior art of article handling devices in which              
          the fluid issues from openings in the working surface at “smaller           


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