Ex parte CONSTANTINO et al. - Page 13




            Appeal No. 97-4260                                                                           
            Application 08/445,660                                                                       


            December                                                                                     
            1, 1997, 62 F.R. 53132, 53197 (Oct. 10, 1997), 1203 O.G. 63,                                 
            122                                                                                          




            (Oct. 21, 1997), claim 18 is rejected under 35 USC § 102(b) as                               
            anticipated by Cool.5                                                                        
                  Cool discloses a plastic pallet 10 formed from upper and                               
            lower plastic sheets, having bosses 20.  As discussed                                        
            previously, these bosses are in a non-symmetrical, non-hinge                                 
            forming arrangement, and no more than any three adjacent boss                                
            centers are collinear.                                                                       
            Conclusion                                                                                   
                  The examiner's decision to reject claims 1 to 3, 6 to 11                               
            and 14 to 17 is affirmed.  Claim 18 is rejected pursuant to 37                               
            CFR 1.196(b).                                                                                
                  In addition to affirming the examiner’s rejection of one                               
            or more claims, this decision contains a new ground of                                       

                  5The expression "not more than three" in the last paragraph of the claim               
            appears to have no antecedent basis in the specification, as required by 37                  
            CFR 1.75(d)(1).  Also, the recitation of two pluralities of bosses seems to                  
            imply that different bosses are referred to, whereas, as disclosed, these                    
            would seem to be the same bosses.                                                            
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