Appeal No. 96-4007
Application No. 08/294,769
ordinary skill in the art to modify Beidler to operate
continuously when loading the grippers as suggested by Keller in
order to speed up the loading process and provide a more
efficient system.
Implicit in this rejection is the examiner’s view that the
above noted modification of Beidler would result in a device and
method which correspond to the conveyance system of claim 1 and
the method for conveying of claim 9 in all respects.
The test for obviousness is what the combined teachings of
the references would have suggested to one of ordinary skill in
the art. See In re Young, 927 F.2d 588, 591, 18 USPQ2d 1089,
1091 (Fed. Cir. 1991) and In re Keller, 642 F.2d 413, 425, 208
USPQ 871, 881 (CCPA 1981). In this case, we are in agreement
with the examiner that the combined teachings of Beidler and
Keller would have been suggestive to one of ordinary skill in the
art at the time of appellant's invention of modifying Beidler's
apparatus so as to operate his conveyor chains 41 continuously,
thereby providing a more efficient system as suggested by
Keller's transfer means 12 continuously supplying articles to the
continuously operated gripper chain 42.
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