Ex parte HOZA et al. - Page 11




          Appeal No. 1998-2358                                      Page 11           
          Application No. 08/396,243                                                  


          required by claim 2.  Rather, Schultz simply senses when the                
          cart is full and shuts off the folder 11 (see, e.g., column 2,              
          lines 21-34, and column 6, lines 61-65).  With respect to claim             
          7, we observe that Schultz sets off an alarm 59 when the cart               
          is full rather providing an indicator lamp.  Therefore, we will             
          not sustain the rejection of claims 2-4 and 7 under 35 U.S.C. §             
          103 based on the combined teachings of Cardenas, Breski and                 
          Schultz.                                                                    


          Rejections (3) and (4):                                                     
               Both of these rejections are based on the examiner's view              
          that Chandhoke discloses a "cart" and that it would have been               
          obvious to employ the "cart" of Chandhoke with the stacker of               
          Cardenas "in order to transport the stacks of forms to a                    
          desired location and to provide forms handling means which will             
          allow the stacking process to occur smoothly and continuously"              
          (answer, page 11).  We must point out, however, that terms in a             
          claim should be construed in a manner consistent with the                   
          specification and construed as those skilled in the art would               
          construe them.  In re Bond, 910 F.2d 831, 833, 15 USPQ2d 1566,              









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