Ex Parte COOK - Page 9




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


          claim recitation “banding slots” may fairly be understood as                
          broadly denoting narrow openings or grooves7.                               


               We find that Sanders (Figs. 2 and 4) teaches a nestable and            
          stackable reinforced plastic material pallet with handle flanges            
          18, and that Griffin (Figs. 8 and 9) discloses a nestable and               
          stackable plastic material shipping pallet that includes recessed           
          channels 52, 54 (Fig. 10) to protect strapping used to retain a             
          palletized shipping container.                                              


               In applying the test for obviousness,8 this panel of the               
          board determines that it would have been obvious to one having              
          ordinary skill in the art, from a combined assessment of the                
          applied prior art, to provide the pallet of Sanders with recessed           
          channels (slots or grooves), following the explicit teaching of             
          Griffin.  As we see it, one having ordinary skill would have                


               7 Webster’s New Collegiate Dictionary, G. & C. Merriam                 
          Company, Springfield, Massachusetts, 1979.                                  
               8 The test for obviousness is what the combined teachings of           
          references would have suggested to one of ordinary skill in the             
          art.  See In re Young, 927 F.2d 588, 591, 18 USPQ2d 1089, 1091              
          (Fed. Cir. 1991) and In re Keller, 642 F.2d 413, 425, 208 USPQ              
          871, 881 (CCPA 1981).                                                       

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