Appeal No. 2000-0845 Page 2
Application No. 08/617,829
BACKGROUND
The appellant's invention relates to a divider panel for separating layers of stacked
articles from one another. An understanding of the invention can be derived from a
reading of exemplary claim 24, which appears in the appendix to the appellant's Brief.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Bakx 4,932,531 Jun. 12, 1990
European Patent Application 0 595 602 A1 May 4, 1994
Claims 24-27 stand rejected under 35 U.S.C. § 102(b) as being anticipated by the
European Patent Application.
Claims 34-36 stand rejected under 35 U.S.C. § 102(b) as being anticipated by
Bakx.
Claims 28-31 stand rejected under U.S.C. § 103 as being unpatentable over the
European Patent Application in view of Bakx.
Rather than reiterate the conflicting viewpoints advanced by the examiner and the
appellant regarding the above-noted rejections, we make reference to the Answer (Paper
No. 26) for the examiner's complete reasoning in support of the rejections, and to the Brief
(Paper No. 23) for the appellant's arguments thereagainst.
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