Ex parte MALOW - Page 6




          Appeal No. 1999-1531                                                        
          Application No. 08/675,912                                                  


          and the prior art to ascertain whether the subject matter as a              
          whole "would have been" obvious.                                            




               We turn now to the examiner’s evidence of obviousness.                 


               The patent to Threefoot teaches (page 5, lines 37 through              
          95) a conveyor system that includes (Figs. 3A, 4) a stop or                 
          detent roller 86 biased by compression springs into the path                
          of oncoming boxes or cases.  When current passes through a                  
          solenoid 93, an armature 92 is pulled down removing the roller              
          86 from the path of the boxes or cases, thereby permitting a                
          box to roll downwardly onto a conveyor 17.  As we see it, one               
          having ordinary skill in the art would not have discerned from              
          the overall teaching of Threefoot that the roller 86 was                    
          capable of being depressed by the force of a box or case                    
          acting thereon.                                                             


               The Carlson patent discloses (column 5, line 36 to column              
          6, line 37) an integrated buffing and grinding system that                  
          includes a pallet stopping device 64 comprising a cylinder 67               
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