Ex Parte Button et al - Page 13




         Appeal No. 2003-0587                                                  
         Application No. 09/533,514                                            


         operation of the rollers (80, 80a) subsequent to their release of     
         the articles entering the case (C), since premature downward          
         movement of the lift table of Raudat would appear to preclude         
         rollers (80, 80a) from attaining a position like that seen in         
         Figure 3 of the patent. See column 6, lines 28-37, of Raudat for      
         an explanation of the operation of the rollers (80, 80a). Thus,       
         the examiner’s rejection of claim 37 under 35 U.S.C. § 102(b)         
         based on Raudat, and that of dependent claim 38, will not be          
         sustained.                                                            

         Claim 45 is directed to a lift table assembly “for                    
         supporting a case while said case is being filled with                
         containers” and sets forth that the lift table assembly comprises     
         a lift table configured to support said case, and a lift table        
         drive assembly operably connected to the lift table, wherein said     
         lift table drive assembly “controls a position of said lift table     
         as said case is being filled with said containers to reduce a         
         shock load associated with said containers impacting said case.”      
         Although the examiner has made little or no effort to provide any     
         explanation as to exactly how claim 45 on appeal is readable on       





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