Appeal No. 2000-1482 Page 9
Application No. 08/995,706
along a longitudinal axis at least over the first portion of
the base; a first axial positioner disposed on the first
portion of the base; and a second axial positioner disposed on
the second portion of the base wherein the second axial
positioner is moveable between a first position closer to the
transfer arm and a second position farther from the transfer
arm.
The appellants argue that the applied prior art does not
suggest the claimed subject matter. We agree. Specifically,
the applied prior art does not teach or suggest the second
axial positioner being moveable between a first position
closer to the transfer arm and a second position farther from
the transfer arm. In that regard, while both the H-Square
Publication and Yap do teach axial positioners attached to the
base plate, they do not teach or suggest making the second
axial positioner of the H-Square Publication moveable between
a first position closer to the transfer arm and a second
position farther from the transfer arm. To supply this
omission in the teachings of the applied prior art, the
examiner made a determination (answer, page 3) that this
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