Ex Parte LUST et al - Page 5




          Appeal No. 2001-2332                                                        
          Application 08/909,249                                                      


          to note that (4) in Herman and (60) in Hansen “are synonymous.”             
          In addition, the examiner further urges (again without making               
          appropriate factual findings) that “[i]t would have been obvious            
          to use a gripper as claimed [sic] in Herman’s transfer and                  
          Hanson’s [sic, Hansen’s] transfer if desiring to move a plurality           
          of articles at a time and space them since such is conventional             
          as shown by Goransson and Colamussi and Warren.”  With respect to           
          the particular first and second array distributions set forth in            
          claim 30 on appeal, the examiner contends that “the exact array             
          changes would have been an obvious matter of design and or choice           
          dependent upon what was being done to the articles.”                        
          Appellants assert (brief, pages 3-5), with regard to this                   
          rejection, that altering of the array distribution as                       
          specifically set forth in the claims on appeal is not taught or             
          suggested by any of the applied references.  More specifically,             
          appellants’ urge that alteration of the spacial distribution of             
          an array (i.e., merely spreading out the elements within an array           
          as in Goransson, Colamussi and Warren) is not an alteration of              
          the array distribution, since the spatial separation of the                 
          individual elements within an x1 by y1 array would still result             
          in an x1 by y1 array.  The examiner’s response to this line of              
          argument is to urge (answer, page 4) that claim 29 does not state           
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