Appeal No. 97-4260
Application 08/445,660
anticipates claims 8 and 14.
Similarly, claims 8 and 14 are anticipated by Dresen. As
the examiner shows in the copy of Dresen's Fig. 2 in Appendix
B of the examiner's answer, the disclosed pallet of Dresen has
at
least two bosses which meet appellants' definition of a "non-
linear" arrangement. Here again, the fact that there are
other bosses on Dresen's pallet which are not non-linearly
arranged is irrelevant, since their presence is not excluded
by these claims.
Accordingly, we will sustain the rejection of claims 8
and 14 as anticipated by Shuert or Dresen, as well as the same
rejection of claims 9 and 11, which, appellants state on page
4 of their brief, stand or fall with claim 8.3
Rejection (2)
The Cool reference shows in Fig. 1 a plastic pallet
3Appellants also indicate that claims 10 and 15 stand or fall with
claims 8 and 14, respectively, but since claims 10 and 15 were not included in
rejection (1), these statements were evidently intended to apply to rejections
(3) and (2), respectively.
8
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