Ex Parte MCCANN - Page 3




                Appeal No. 1999-2226                                                                                 Page 3                  
                Application No. 08/582,678                                                                                                   

                        forming a master frame and a plurality of modules that are separate from said master                                 
                frame;                                                                                                                       
                        placing said plurality of modules in said master frame; and                                                          
                        securing said plurality of modules to said master frame to form said pack tray.                                      
                        The prior art relied upon by the Examiner as evidence of obviousness is:                                             
                Murphy5,103,976Apr. 14, 1992                                                                                                 
                The admitted prior art as stated on pages 1-2 of the instant specification (AAPA).                                           
                        Claims 1-10, 20 and 21 are rejected under 35 U.S.C. § 103(a) as being unpatentable over                              
                Murphy in view of AAPA.                                                                                                      
                        As Appellant states on page 6 of his brief, there are three claim groupings.  Claims 1-6, 8-                         
                10 and 20 all stand or fall together; claims 7 and 21 are each to be treated separately.  Therefore,                         
                our discussion will focus on claim 1 as the broadest claim of the first group, and on claims 7 and                           
                21; 37 CFR § 1.192(c)(7)(1997).                                                                                              
                        We refer to the brief and to the answer for a complete exposition of the opposing                                    
                viewpoints expressed by the Appellant and by the Examiner concerning the above noted                                         
                rejections.                                                                                                                  


                                                                OPINION                                                                      
                        We affirm the rejections of claims 1-6, 8-10, 20 and 21 for the reasons stated below.                                
                However, we will not sustain the rejection of claim 7.                                                                       









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