Appeal No. 2004-0193 Page 2
Application No. 09/165,272
BACKGROUND
The appellant's invention relates to an article transporting and escapement
device for articles having at least one aperture, or the like, therethrough (specification,
p. 1). A copy of the claims under appeal is set forth in the appendix to the appellant's
brief.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Joschko 3,248,005 Apr. 26, 1966
Riccardo et al. (Riccardo) 4,589,811 May 20, 1986
Claim 32 stands rejected under 35 U.S.C. § 102(b) as being anticipated by
Joschko.
Claims 15 to 19, 21, 24, 29, 33 and 34 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Riccardo.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejections, we make reference to the third
Office action (Paper No. 8, mailed May 6, 2001), the fourth Office action (Paper No. 15,
mailed October 29, 2002) and the answer (Paper No. 17, mailed March 24, 2003) for
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