Ex Parte COOK - Page 6




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


          221 USPQ 385, 388 (Fed. Cir. 1984).  However, the law of                    
          anticipation does not require that the reference teach                      
          specifically what an appellant has disclosed and is claiming but            
          only that the claims on appeal "read on" something disclosed in             
          the reference, i.e., all limitations of the claim are found in              
          the reference.  See Kalman v. Kimberly-Clark Corp., 713 F.2d 760,           
          772, 218 USPQ 781, 789 (Fed. Cir. 1983), cert. denied, 465 U.S.             
          1026 (1984).                                                                


               Claim 1 is drawn to a divider for use in a stacking system             
          for shipping of a product in multiple layers on a pallet                    
          comprising, inter alia, a bottom wall having a lower surface,               
          with a downwardly extending foot portion inboard of an edge of              
          said lower surface, the downwardly extending foot portion being             
          positioned at a predetermined distance inboard of the edge to               
          allow the divider to be nested with another like divider when               
          stacked together, such that an upwardly extending retaining wall            
          of the another like divider supports the exterior portion of the            
          bottom wall when nested.                                                    


               We are of the view that the reinforced pallet of Sanders,              
          with its bottom wall 12 having a top supporting surface and a               

                                          6                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007