Appeal No. 2004-0376 Page 5
Application No. 09/457,286
conveyor 19; and (4) the claimed "transporter enclosed by and moveable within the
substantially enclosed cabinet" is readable on van Elten's elevator 9 or transferring
device 17.
After reviewing the disclosure of van Elten, we find ourselves in agreement with
the appellants that van Elten does not disclose a transporter enclosed by and moveable
within a substantially enclosed cabinet for transporting products between the product
conveyors and the infeed/outfeed mechanism as set forth in claims 1 to 8, 10 to 14, 16
and 18 to 20. van Elten's elevator 9 is movable on rails 8 along one side of the
compartments 3 of storage staging 2 as shown in Figure 1. As such, van Elten's
elevator 9 is not enclosed by and movable with the compartments 3 of storage staging
2. van Elten's transferring device 17 receives crates from distribution conveyor 16 and
transfers the crates to an accumulating conveyor 18 along one side of the
compartments 3 of storage staging 2 as shown in Figure 1. As such, van Elten's
transferring device 17 does not transport products between the van Elten's conveyors 5
(i.e., the product conveyors) and the infeed/outfeed mechanism.
For the reasons set forth above claims 1 to 8, 10 to 14, 16 and 18 to 20 are not
anticipated by van Elten. Accordingly, the decision of the examiner to reject claims 1 to
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