Ex parte PERMUT - Page 9




          Appeal No. 96-1183                                                          
          Application 08/102,858                                                      


          achieve this motion.  The applied prior art alone would not                 
          lead the artisan to use a rack and pinion assembly to achieve               
          the claimed translational and rotational movements of a                     
          carrier attached to the rack.                                               
          Since we are of the view that the prior art applied by                      
          the examiner does not support the examiner’s rejection, we do               
          not sustain the rejection of independent claims 1, 9, 10 and                
          15.                                                                         
          Therefore, we also do not sustain the rejection of dependent                
          claims 2, 3 and 11.                                                         
          We now consider the rejection of dependent claims 4 and                     
          5.  These claims were rejected on the combination of Christie,              
          Ikedo and Rached as discussed above, and further in view of                 
          Crain and Fitzgerald, respectively.  Since neither Crane nor                
          Fitzgerald overcomes the deficiencies noted in the combination              
          of Christie, Ikedo and Rached, the examiner’s rejection of                  
          claims 4 and 5                                                              




          fails for the same reasons discussed above with respect to the              
          independent claims.  Therefore, we do not sustain the                       
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