Ex Parte SCHEUBER et al - Page 11




         Appeal No. 2002-2125                                                       
         Application No. 09/078,914                                                 
         the combination of Doane and Jackson and Popat which render the            
         instantly claimed invention obvious.   Additionally, we have not           
         observed a requirement in Doane that the labels must always be             
         pre-printed. Finally, the Jackson printer discloses motivation             
         for its addition - the inclusion of on-line printing of                    
         personalized information.  (Abstract, lines 4-6).  We therefore            
         are not persuaded by these arguments relating to dependent claims          
         11, 20, and 21.                                                            
              The appellants have also argued claim 19 separately, in that          
         it discloses a conveyor system including a plurality of clamps for         
         gripping respective ones of the printed products, which is said            
         not to be suggested by the cited references.  (Appeal Brief, page          
         10, lines 1-6).                                                            
              The examiner has stated that providing lugs or clamps for             
         engaging each article would have been obvious to one of ordinary           
         skill in the art to provide means to ensure feeding of the                 
         articles in overlapping relationship.  (Examiner’s Answer, page 5,         
         lines 18-20).                                                              
              Although we find that retention of placement on a conveyor is         
         well known, as evidenced by the lugs in Doane (column 2, line 32)          
         we cannot say that the claimed clamps are rendered obvious by the          
         lugs without evidence in the record to support this conclusion.            
         We therefore reverse this rejection as it applies to claim 19.             

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