Ex Parte Os - Page 7



          Appeal No. 2004-1671                                                         
          Application No. 09/905,024                                                   

          DISSENTING OPINION TEXT                                                      
          Dissent by:                                                                  
               TIMM, Administrative Patent Judge.                                      

               I respectfully dissent from the majority's disposition of this          
          case.  The majority has focused on one limitation found in all of            
          the claims on appeal, i.e., the limitation directed to the                   
          adjustable transport conveyor defined by two counter rotating                
          conveyor belts extending along the entire transport path.  They              
          conclude that the examiner has not established a prima facie case            
          of obviousness because Winn, Lam, Reichert, and Baker ‘766 as a              
          whole do not teach or suggest employing the claimed conveyor in the          
          claimed stamping apparatus and method.  I, on the other hand,                
          conclude that there is evidentiary support for the examiner’s                
          conclusion that it would have been obvious to one of ordinary skill          
          in the art to modify the stamping apparatus and method of Winn with          
          another known conveying system such as those described in Lam,               
          Reichert, and Baker ‘766.                                                    
               My review of the rejections follows.2                                   
               2                                                                       
               2 Appellant’s statement with regard to the grouping of the              
          claims (Brief, p. 5)is not in conformance with the requirements              
          of 37 CFR § 1.192(c)(7).  37 CFR § 1.192(c)(7) indicates that the            
                                                                   (continued...)      
                                           7                                           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007