Appeal No. 97-3195
Application 08/387,419
horizontal bottom (column 2, lines 2 through 8), is clearly
capable of performing as a divider. Nevertheless, we find that
the following claimed features are not responded to by the
teaching of Sanders. Sanders does not teach a lower surface with
a downwardly extending foot portion adjacent to a periphery of
and inboard of an edge of the lower surface. Further, unlike the
content of claim 1 that requires support at the exterior portion
of the bottom wall (the part of the bottom wall beyond the
downwardly extending foot portion) when like dividers are nested,
it is apparent to this panel of the board that Sanders teaches a
pallet with ribs 19 extending between flanges 18 and side and end
walls (14, 16) at spaced points to provide nesting supports which
engage the top edges of a like lower pallet as seen in Fig. 4 of
the patent. Thus, limitations of claim 1 are not addressed by
the teaching of Sanders. For this reason, the divider of claim 1
is not anticipated by the Sanders’ patent.
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