Ex Parte Button et al - Page 11




         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           





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