Ex Parte Solon - Page 3




          Appeal No. 2004-0572                                                        
          Application 09/849,315                                                      



          sections lateral to the pallet platform area thereby to                     
          facilitate transportation on said pallets for storing and                   
          recalling the pallets from designated storage areas of confined             
          space.                                                                      
                    24.  The method of bulk storage in outdoor sites of               
          discarded tire rubber without accumulation of water comprising              
          the steps of:                                                               
                    cutting rubber portions of reclaimed tire carcasses in            
          the format into substantially constant thickness flat treaded               
          strips excluding sidewalls, and                                             
                    stacking the flat strips on pallets in a plurality of             
          abutting rubber-to-rubber contact stacks of the treaded strips              
          interlocked in a frictional format for withstanding lateral                 
          movement when travelling upon a loading platform of a pallet                
          transported by a fork lift truck with a rubber-to-rubber contact            
          configuration precluding accumulation of water when stored on the           
          pallets in bulk storage at outdoor locations.                               
                    The references set forth below are relied upon by the             
          examiner as evidence of obviousness:                                        
          Miller                   5,472,750                Dec.  5, 1995             
          Pignataro                5,834,083                Nov. 10, 1998             


                    Claims 1, 2, 9-11, 13-15 and 24 are rejected under                
          35 U.S.C. § 103(a) as being unpatentable over Miller in view of             
          Pignataro.                                                                  
                    On page 7 of the Brief, the appellant indicates that              
          the appealed claims are grouped separately.  Therefore, in                  
          assessing the merits of the rejection before us, we will                    

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