Ex Parte KITANAKA et al - Page 17




                Appeal No. 2002-0074                                                                          Page 17                   
                Application No. 08/800,758                                                                                              


                reasons adequately set forth above with respect to claims 11 and 12.  Moreover, this                                    
                language does not appear in claim 15.  Additionally, as can be seen in Figure 1 of                                      
                Evans, both the upper conveyor 50 and the lower conveyor 50 of pallet 24 are level with                                 
                the adjacent stringers 30 of rack 20.  Thus, we sustain the examiner's rejection of                                     
                appealed claim 15 under 35 U.S.C. § 103.                                                                                


                Claim 16                                                                                                                
                        With respect to independent claim 16, the appellants argue (brief, p. 8) that the                               
                limitation "a moving structure capable of moving horizontally in the longitudinal direction                             
                of said vertical installation structure, said moving structure including second stages on                               
                which at least one apparatus is to be placed, said second stages being vertically                                       
                arranged and each of said second stages being level with a corresponding one of said                                    
                first stages of said vertical installation structure" is not met by Evans.  We do not agree                             
                for the reasons adequately set forth above with respect to claims 11, 12 and 15.                                        
                Moreover, this language does not appear in claim 16.  Thus, we sustain the examiner's                                   
                rejection of appealed claim 16 under 35 U.S.C. § 103.                                                                   


                                                           CONCLUSION                                                                   
                        To summarize, the decision of the examiner to reject claims 11 and 14 to 16                                     
                under 35 U.S.C. § 102(b) is affirmed; the decision of the examiner to reject claims 11 to                               








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