Appeal No. 97-1754
Application 08/462,133
DECISION ON APPEAL
This is a decision on an appeal from the final rejection
of claims 2 and 3, all the claims currently pending in the
application. An amendment to the specification filed
subsequent to the final rejection has been entered.
Appellants’ invention pertains to an apparatus for
regulating the flow of articles from an upstream work station
to a downstream work station, and is said to be an improvement
over appellants’ earlier flow regulating apparatus disclosed
in U.S. Patent No. 4,808,057. Claims 2 and 3, a copy of which
is found in an appendix to appellants’ main brief, define the
appealed subject matter.
The references relied upon by the examiner as evidence of
obviousness are:
Chiappe et al. (Chiappe) 4,808,057 Feb. 28,
1989
Murphy et al. (Murphy) 4,946,340 Sept. 30, 1988
Mojden et al. (Mojden) 4,979,870 May 18, 1988
Claims 2 and 3 stand rejected under 35 U.S.C. § 112,
second paragraph, “as being indefinite for failing to
2
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