Ex parte LINDSTROM - Page 12




                 Appeal No. 1997-2986                                                                                                                   
                 Application No. 08/260,784                                                                                                             


                 "programmed grouping and stacking" operation (Answer at 4),                                                                            
                 which is performed by the unloading and handling mechanism 3                                                                           
                 when transferring plates to the transport carrier, i.e.,                                                                               
                 pallet 7.        3                                                                                                                     
                 We agree with the examiner that Taijonlahti's unloading and                                                                            
                 handling mechanism 3 will result in placing plates having the                                                                          
                 same dimension (e.g., parts 3A and 3B in Fig. 19) in a stack                                                                           
                 in one location on the carrier, i.e., pallet 7.  Appellant                                                                             
                 criticizes this reasoning on the ground that there is                                                                                  
                                   [no] disclosure in either of the references that                                                                     
                                   suggests that based on [the] retrieved data,                                                                         
                                   optimal locations at an unloading means can be                                                                       
                                   computed to prevent any conflict in the                                                                              
                                   unloading of finished cut pieces.  If anything,                                                                      
                                   Levine per his Figs. 15, 16, 17, and 19,                                                                             
                                   illustrate[s] the optimization of to be cut                                                                          
                                   pieces on a laminar plate, while Taijonlahti                                                                         
                                   discloses the optimal utilization of the space                                                                       
                                   of the to be cut plate blank, per his Fig. 3A.                                                                       
                                   In brief, the teachings of each of Levine and                                                                        
                                   Taijonlahti relate to a single program routine                                                                       
                                   for cutting parts from a plate blank.  [Brief at                                                                     
                                   22.]                                                                                                                 



                          3Consequently, the examiner's assertion that "based upon                                                                      
                 the size of the plate cut, then the unloading mechanism [3]                                                                            
                 puts the cut piece in a proper location on the conveyor"                                                                               
                 (emphasis added) (Answer at 9) incorrectly recites the term                                                                            
                 "conveyor" instead of "carrier."                                                                                                       
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