Ex Parte Blanchard et al - Page 2



            Appeal No. 2006-1463                                                          Page 2              
            Application No. 10/703,932                                                                        


                                              BACKGROUND                                                      
                   The appellants’ invention relates to a stacker and a method of stacking                    
            sheets, wherein batches of sheets are separated from each other by batch separator                
            sheets, the separator sheets being offset from the batches.  A copy of the claims                 
            under appeal is set forth in the appendix to the appellants’ brief.                               
                   The examiner relies upon the following as evidence of unpatentability:                     
            Irvine     US 4,067,568   Jan. 10, 1978                                                           
            Tsai     US 6,056,288   May 2, 2000                                                               

                   The following rejection is before us for review.                                           
                   Claims 1-8 and 15-25 stand rejected under 35 U.S.C. § 103(a) as being                      
            unpatentable over Tsai in view of Irvine.                                                         
                   Rather than reiterate the conflicting viewpoints advanced by the examiner                  
            and the appellants regarding this appeal, we make reference to the examiner's                     
            answer (mailed January 27, 2006) for the examiner's complete reasoning in support                 
            of the rejection and to the appellants’ brief (filed November 16, 2005) and reply                 
            brief (filed February 7, 2006) for the appellants’ arguments thereagainst.                        














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