Appeal No. 2004-1671
Application No. 09/905,024
transfer containers to a conveyor system comprised of counter
rotating belts. That teaching is applicable to rectangular
containers generally as would be recognized by one of ordinary
skill in the art.
I conclude, therefore, that the examiner has established a
prima facie case of obviousness with respect to the subject matter
of claims 23 and 27.
Conclusion
In conclusion, I would affirm the decision of the examiner
with regard to the rejection of claims 1-23, 25-27, and 30 under 35
U.S.C. § 103(a), but I would reverse the decision of the examiner
with regard to the rejection of claims 24, 25, 28, and 29. I
would, therefore, affirm-in-part.
CATHERINE TIMM ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
CT/dal
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