Ex Parte Button et al - Page 17




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


         Appellants do not dispute the examiner’s combination of               
         Westerling and Leibach, but instead urge that the examiner’s          
         reliance on Leibach does not address the limitation of                
         independent claim 23 argued above for patentability, i.e., that       
         “the drive assembly decelerates the at least one lift table as        
         the at least one lift table approaches the lowered position to        
         reduce shock loading of the at least one lift table.” Having          
         found this argument unpersuasive with regard to claim 23, we          
         likewise find it unpersuasive here for the same reasons. Thus,        
         the examiner’s rejection of dependent claim 25 under 35 U.S.C.        
         § 103(a) as being unpatentable over Westerling in view of Leibach     
         is sustained.                                                         

         Dependent claim 39 adds to independent claim 37, a                    
         requirement for the lift table drive assembly to be “coupled to a     
         machine frame by a vibration isolating assembly.” The examiner        
         has rejected claim 39 under 35 U.S.C. § 103(a) as being               
         unpatentable over Raudat in view of Leibach. However, even if we      
         were to agree with the examiner that it would have been obvious       
         to one of ordinary skill in the art at the time of appellants’        





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