Ex Parte OWENS - Page 3



            Appeal No. 2006-0887                                                                             
            Application No. 09/053,832                                                                       


                                                    OPINION                                                  
                   In reaching our decision in this appeal, we have given careful consideration              
            to the appellant's specification and claims, to the applied prior art, and to the                
            respective positions articulated by the appellant and the examiner.  As a                        
            consequence of our review, we make the following determinations.                                 
                   We turn our attention first to the rejection of independent claim 15 as being             
            unpatentable over Chambers in view of Conrad and Baranski.  Chambers discloses                   
            a saw machine comprising an input conveyor 10 and an output conveyor 20                          
            disposed in series for carrying billets 12 and a gang saw assembly 18 disposed                   
            between the input conveyor 10 and output conveyor 20.  Chambers, which is                        
            particularly concerned with a method and apparatus for changing the saw                          
            assembly, does not discuss the details of the conveyors 10, 20 but does illustrate               
            them in Figure 1 as two endless conveyors.  The endless belt element of conveyor                 
            10 is trained around an output-side pulley and the endless band element of                       
            conveyor 20 is trained around an input-side pulley.  Although neither an input-side              
            pulley on the input conveyor 10 nor an output-side pulley on the output conveyor                 
            20 is illustrated in Figure 11, the examiner finds that “it appears that [such] an               
            arrangement is inherent” (answer, p. 3).  Regardless of whether such an                          
            arrangement is in fact inherent, we find that one of ordinary skill in the art of                
            material handling and conveying would have immediately envisaged an                              
            arrangement wherein the endless                                                                  

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