Ex Parte Berdan et al - Page 13




          Appeal No. 2003-0106                                                        
          Application 09/502,680                                                      


          examiner’s rejection of dependent claim 24 under 35 U.S.C.                  
          § 103(a) will likewise not be sustained.1                                   


          In light of the foregoing, it is our determination that the                 
          examiner’s rejection of claims 21, 22 and 27 through 29 under               
          35 U.S.C. § 102(b) as being anticipated by Shannon, and the                 
          examiner’s separate rejections of claims 21 through 23 and 25               
          through 29 under 35 U.S.C. § 103(a) as being unpatentable over              
          the APA in view of Shannon and claim 24 under 35 U.S.C. § 103(a)            
          as being unpatentable over the APA in view of Shannon and                   
          Pistole, will not be sustained.                                             













               1  Also of concern in the present application is the                   
          examiner’s total lack of any specific treatment of the                      
          limitations of claims 23 through 26 on appeal involving                     
          “substantially superimposing one plate over another plate such              
          that two superimposed plates are supported on the cart” and other           
          features associated therewith.                                              
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