Appeal No. 2004-1359
Application No. 09/875,831
CITED PRIOR ART
As evidence of unpatentability, the Examiner relies on the following references:
Frase 2,738,153 Mar. 13, 1956
Giasi 5,567,263 Oct. 22, 1996
THE REJECTION
The Examiner rejected claim 3 under 35 U.S.C. § 103(a) as obvious over the
combination of Frase and Giasi. (Answer, p. 3).
We have carefully reviewed the claims, specification and applied prior art,
including all of the arguments advanced by both the Examiner and Appellant in support of
their respective positions. This review leads us to conclude that the Examiner’s § 103
rejection is well founded. See In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444
(Fed. Cir. 1992); In re Piasecki, 745 F.2d 1468, 1471-1472, 223 USPQ 785, 787-788
(Fed. Cir. 1984). We affirm primarily for the reasons advanced by the Examiner and add
the following primarily for emphasis.
DISCUSSION
The Examiner has found that Frase discloses a pallet containing supporting posts
that are made from helical turns of corrugated board adhesively secured forming a hollow
core. (Answer, p. 3). Frase discloses that the supporting posts are sized to be equal to the
-3-
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