Ex Parte Greene - Page 3




          Appeal No. 2004-0217                                                        
          Application 09/824,544                                                      


          Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ              
          385, 388 (Fed. Cir. 1984).                                                  
               Helton discloses a collapsible pallet comprising a planar              
          top 10, a planar bottom 11, pillars 14 formed by paired tabs 25             
          and 26 cut out from the top and bottom and extending                        
          therebetween, openings in the top and bottom formed by the cut              
          out tabs, opposite sides 12 defining forklift orifices/channels             
          18 and opposite ends defining forklift orifices/channels 28.  The           
          opposite ends also embody fastening structure adapted to be                 
          inserted between the top and bottom into engagement with adjacent           
          pillars to maintain the pallet in an erected condition.  The                
          fastening end structure shown in Figures 1 through 6 consists of            
          foldable tabs having vertical portions 19 and fastening portions            
          20, and the fastening end structure shown in Figures 7 and 9                
          consists of tubular elements having bottoms 32, sides 33 and tops           
          34.                                                                         
               As indicated above, independent claim 1 recites a modular              
          pallet comprising, inter alia, an insert member “configured for             
          engagement by a lifting device for lifting and maneuvering the              
          bulk bag combination.”  Similarly, independent claim 28 recites a           
          modular pallet comprising, inter alia, insert means “adapted to             
          be engaged by a lifting means for lifting and maneuvering the               


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