Ex parte CHIAPPE et al. - Page 8




          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                

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