Appeal No. 2004-0217
Application 09/824,544
(specification, page 1). Representative claim 1 reads as
follows:
1. A modular pallet comprising:
a top wall;
a bottom wall;
a guide channel defining portion configured for defining at
least one guide channel at least partially between the top wall
and the bottom wall;
at least one opening in the bottom wall, wherein the opening
being adapted to receive a corresponding lift strap of a bulk bag
so that the lift strap defines a loop in the at least one guide
channel; and
an insert member configured to be inserted into the at least
one guide channel for engaging the loop of a lift strap received
in the at least one opening to thereby fasten the bulk bag to the
modular pallet for forming a bulk bag combination, wherein the
insert member being configured for engagement by a lifting device
for lifting and maneuvering the bulk bag combination.
THE REJECTION
Claims 1 through 6, 8 through 21, 23, 24 and 28 stand
rejected under 35 U.S.C. § 102(b) as being anticipated by U.S.
Patent No. 4,875,419 to Helton et al. (Helton).
Attention is directed to the main and reply briefs (Paper
Nos. 17 and 19) and to the final rejection and answer (Paper Nos.
8 and 18) for the respective positions of the appellant and the
examiner regarding the merits of this rejection.
DISCUSSION
Anticipation is established only when a single prior art
reference discloses, expressly or under principles of inherency,
each and every element of a claimed invention. RCA Corp. v.
2
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