Ex Parte Kalinsky - Page 9




               Appeal No. 2004-0241                                                                          Page 9                  
               Application No. 09/773,366                                                                                            


                       Claims 17-20, which are dependent from claim 15, stand rejected on the basis of                               
               Schubert in view of Manning ‘037, which was applied for teaching a stock feeder                                       
               mechanism comprising a detection system.  As we determined above in evaluating the                                    
               Section 102 rejection of claim 15, Schubert fails to disclose or teach a brake system to                              
               slow the speed of the feeder mechanism during the stock feeding operation.                                            
               Considering Schubert in the light of Section 103 does not alter this finding, for the                                 
               examiner has adduced no evidence to support a conclusion that it would have been                                      
               obvious to provide this feature in the Schubert system.  Manning ‘037 fails to overcome                               
               this deficiency, and therefore the present rejection cannot be sustained.                                             



























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