Appeal No. 2003-0587 Application No. 09/533,514 mechanism therein is used as a palletizer and “to best advantage in conjunction with high volumetric operations such as is present in the canning or bottling lines of soft drink plants and breweries, for example, wherein cases of filled and sealed bottles or cans are produced in the line at rates of up to 40 or more per minute.” The examiner’s cryptic reference to column 5, lines 25-31 of Wayne in the rejection set forth on page 5 of the answer, does nothing to change our view as noted above. Thus, the examiner’s rejection of claim 37 under 35 U.S.C. § 102(b) based on Wayne will not be sustained. The patent to Raudat is directed to a case packer like that set forth in claim 37 on appeal, but this patent addresses the problem of dropping of the containers, and the associated impact of the containers on the bottom of the case and the lift table, in an entirely different way than appellants, and different from that set forth in claim 37 on appeal. The apparatus in Raudat includes a means (e.g., Fig. 4) for decelerating the downwardly moving articles (A) as they descend into the case and also provides an impact absorbing means (Figs. 2, 2A) mounted in 11Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NextLast modified: November 3, 2007