Ex parte STARK - Page 2




          Appeal No. 97-1493                                                          
          Application 08/429,806                                                      


          rods which rise automatically from the floor of the carrier at              
          locations adjacent the cargo” (specification, page 1).  Claim 12            
          is illustrative and reads as follows:                                       
               12. A system for restraining the movement of cargo exerting            
          a gravitational force on a floor of a carrier during transport,             
          the system comprising:                                                      
               (a) a source of fluid;                                                 
               (b) a means for changing the pressure of the fluid from a              
          first pressure when the carrier is stationary to a second                   
          pressure, which second pressure is greater than the first                   
          pressure but less than the gravitational force exerted upon the             
          floor by the cargo, when the carrier is transported;                        
               (c) a plurality of vertically-movable rods communicating               
          with the fluid source and distributed throughout the floor, each            
          rod positioned so that it is flush with the topside of the floor            
          when the fluid source is at the first pressure and so that it is            
          risen above the topside of the floor when the fluid source is at            
          the second pressure, provided the rising of the rod is not                  
          prevented by the presence of the cargo on top of the rod;                   
          such that, when the carrier is stationary and the fluid source is           
          at the first pressure, cargo is loaded without contact with the             
          rods, and such that, when the carrier is transported and the                
          fluid source is at the second pressure, the cargo is restrained             
          by the adjacent raised rods.                                                
               The references relied upon by the examiner as evidence of              
          anticipation and obviousness are:                                           
          Blackburn           3,520,433           Jul. 14, 1970                       
          Halliar             5,092,250           Mar. 3,  1992                       





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