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                 COMMISSIONER'S DECISION

 

SUPPORT FOR CLAIMS IN DISCLOSURE - Traffic Control System

 

The invention is directed to a driverless vehicle traffic control system comprised

of stationary first and second track rails having free ends, a movable table

having third and forth track rails and means for moving vehicles from the

stationary track rails unto the table track rails. Part of the rejections

based on lack of support in the claims was affirmed. An amendment submitted

by applicant was accepted.

 

Final Action: Affirmed in part. Amendment to claims accepted.

 

                 ****************

 

Patent application 260380 (Class 104-58), was filed on Sept. 2, 1976

for an invention entitled "Driverless Vehicle Traffic Control System."

The inventor is Vercoe C. Jones, assignor to SI Handling Systems, Inc..

The Examiner in charge of the application took a Final Action on Sept. 20,

1978, refusing to allow it to proceed to patent. In reviewing the reject-

ion, the Patent Appeal Board held a Hearing on April 9, 1980, at which

the Applicant was represented by Mr. R.H. MacFarlane.

 

The application is directed to a driverless vehicle traffic control system

comprised of stationary first and second track rails having free ends, a

movable table having third and forth track rails and means for moving;

vehicles from the stationary track rails onto the table track rails.

 

In the Final Action the Examiner refused all of the claims because, in

his view, ... they are too broad in view of the disclosure and fail to

state in distinct and explicit terms the combination that the Applicant

regards as new. In particular the Examiner wanted the specific drive

means of the preferred embodiment defined in the claims.

 

In response to the Final Action the Applicant argued that the refused

claims were not open to the objections made by the Examiner. In particular

he argued that the claims may define the scope of monopoly as broad as

the invention described, but insuring at the same time not to encroach

on the prior art.

 

At the Hearing Mr. MacFarlane discussed the problem of claiming, which

was facing the Applicant. We agree that the Applicant, in the present circum-

stances, does not have to define in his claim the specific drive means of the

preferred embodiment, because the invention is described in broader terms

and no art was applied. In any event the drive means is only a small portion

of the invention described. In essence, a drive means is required to carry

out the object of the invention. We agree with the Examiner, however, that

other portions of the claims are not clear and distinct. For example, what

was designated as a release means is really a retracting means.

 

Mr. MacFarlane stated that he was willing to amend the claims for clarification

purposes. After the Hearing he was contacted by phone, and some minor amend-

ments were suggested to claim 1, to more specifically recite the elements and

give the relationhip to each other. For example, we suggested the need for a

first and second actuating means and a retracting means in lieu of a release means.

 

On May 2, 1980 a voluntary amendment was submitted cancelling all of the

claims and replacing them with amended claims 1 to 8. Minor amendments

were also made to the disclosure.

 

The amended claims clearly overcome the objections raised in the Final Action.

No further discussion is therefore necessary.

 

  J.F. Hughes

 Assistant Chairman

Patent Appeal Board, Canada

 

I concur with the reasoning and findings of the Board. The application is

 returned to the Examiner for resumption of prosecution.

 

                              Agent for Applicant

 J.H.A. Gariepy

                     Gowling & Henderson

Commissioner of Patents      Box 466, Terminal A

Dated at Hull, Quebec        Ottawa, Ont.

this 15th day of May 1980

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