Ex parte HERZOG et al. - Page 3




                 Appeal No. 1999-1524                                                                                     Page 3                        
                 Application No. 08/938,051                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellants' invention relates to an accumulating                                                                          
                 conveyor with latchable pallets.  An understanding of the                                                                              
                 invention can be derived from a reading of exemplary claim 15,                                                                         
                 which is reproduced in the opinion section below.                                                                                      


                          The prior art references of record relied upon by the                                                                         
                 examiner in rejecting the appealed claims are:                                                                                         
                 Jacksch et al.                                                 4,088,220                                    May                        
                 9, 1978                                                                                                                                
                 (Jacksch)                                                                                                                              
                 Linden     3                                          4,934,515                                    June 19,                            
                 1990                                                                                                                                   
                 van den Bergh et al.                                  5,253,745                                    Oct. 19,                            
                 1993                                                                                                                                   
                 (van den Bergh)                                                                                                                        
                 Gyger                                                 5,407,058                                    Apr. 18,                            
                 1995                                                                                                                                   







                          3We note that on page 3 of the examiner's answer, the                                                                         
                 examiner failed to include this patent in section (9) Prior                                                                            
                 Art of Record.  Moreover, we note that the patent to Orisaka                                                                           
                 et al. (U.S. Patent No. 5,540,319) included in section (9) of                                                                          
                 the answer was not relied upon by the examiner in any                                                                                  
                 rejection of the claims under appeal.                                                                                                  







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