Ex Parte Foster et al - Page 2




              Appeal No. 2003-0534                                                               Page 2                
              Application No. 09/650,014                                                                               


                                                   BACKGROUND                                                          
                     The appellants' invention relates to a reciprocating slat conveyor having a first                 
              set of slats for conveying a load and a second set of slats for lifting and holding the load             
              while the set of conveying slats retract (specification, p. 1).  A copy of the claims under              
              appeal is set forth in the appendix to the appellants' brief.                                            


                     Claims 1 to 11 stand rejected under 35 U.S.C. § 112, second paragraph, for                        
              being incomplete.                                                                                        


                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                     
              the appellants regarding the above-noted rejection, we make reference to the answer                      
              (Paper No. 12, mailed November 8, 2002) for the examiner's complete reasoning in                         
              support of the rejection, and to the brief (Paper No. 11, filed October 29, 2002) and                    
              reply brief (Paper No. 13, filed December 11, 2002) for the appellants' arguments                        
              thereagainst.                                                                                            


                                                      OPINION                                                          
                     In reaching our decision in this appeal, we have given careful consideration to                   
              the appellants' specification and claims, and to the respective positions articulated by                 
              the appellants and the examiner.  As a consequence of our review, we will not sustain                    








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