Appeal No. 97-1754 Application 08/462,133 either directly by conveyor 40 to a similar unloading station on the opposite side of the apparatus for unloading articles onto outbound lanes, or to a storage area 41 to be held for use later as desired. As can be seen in Figure 2, storage areas defined in part by the empty tray stacking table 60 and the filled tray stacking table 62 are not in spaced vertical relation to each other. In rejecting claim 2, the examiner has taken the position on page 4 of the answer that it would have been obvious “[t]o modify the apparatus of Chiappe et al so as to provide means to feed a pallet full of trays to the elevator area” in view of Murphy, and “[t]o modify the apparatus of Chiappe et al so as to move the transfer head, as claimed” in view of Mojden. However, even if it would have been obvious to one of ordinary skill in the art to modify Chiappe in the manner proposed by the examiner in light of the teachings of the secondary references, a prima facie case of obviousness would not ensue. This is so because none of the applied references discloses, suggests or implies an empty pallet staging area and a filled pallet staging area, each extending normally to the elevator 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007