Ex Parte COOK - Page 2




          Appeal No. 97-3195                                                          
          Application 08/387,419                                                      


               Appellant’s invention pertains to a divider for use in a               
          stacking system for shipping of a product in multiple layers on a           
          pallet and to a stacking system for a product in multiple layers            
          on a pallet.  An further understanding of the invention can be              
          derived from a reading of exemplary claims 1, 4, and 11, copies             
          of which appear in the APPENDIX to the main brief (Paper No. 16).           

               As evidence of obviousness, the examiner has applied the               
          documents listed below:                                                     
          Griffin, Jr. (Griffin)        4,000,704           Jan.  4, 1977             
          Sanders et al. (Sanders)      4,183,491           Jan. 15, 1980             

               The following rejections are before us for review.                     


               Claims 1 through 3, 7, and 9 stand rejected under 35 U.S.C.            
          § 102(b) as being anticipated by Sanders.                                   


               Claim 10 stands rejected under 35 U.S.C. § 103(a) as being             
          unpatentable over Sanders.                                                  








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