Ex Parte Button et al - Page 16




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


         nothing in Raudat which reasonable teaches or suggests that the       
         lift table therein is moving and being decelerated “as said           
         containers fall into said case.” For this reason, the examiner’s      
         rejection of claim 46 under 35 U.S.C. § 102(b) based on Raudat        
         will not be sustained.                                                

         Dependent claim 25 adds to independent claim 23 that the              
         lift table drive assembly is “coupled to a machine frame by a         
         vibration isolating assembly.” The examiner has rejected claim 25     
         under 35 U.S.C. § 103(a) as being unpatentable over Westerling in     
         view of Leibach, recognizing that Westerling does not disclose a      
         vibration isolating assembly associated with the drive assembly       
         therein and turning to Leibach to supply such a vibration             
         isolating assembly (2) associated with a drive assembly or engine     
         (4). The examiner concludes that it would have been obvious to        
         one of ordinary skill in the art at the time of appellants’           
         invention to include a vibration isolating assembly as taught in      
         Leibach in the invention of Westerling to damp vibrations             
         (answer, page 6). We agree.                                           






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