Appeal No. 96-2623
Application No. 08/240,095
BACKGROUND
The appellants' invention relates to a cap sealing machine.
A copy of appealed claims 1, 4 and 5, as they appear in the
appellants' brief, is attached to this decision.
The prior art references of record relied upon by the
examiner as evidence of obviousness under 35 U.S.C. § 103 are:
Stiff 3,567,560 March 2, 1971
Johnston 3,878,015 Apr. 15, 1975
In addition to the foregoing references, this Board will
rely on the fact that the use of a vertical adjusting screw for
raising and lowering an object is old and well known in the
mechanical arts.
Claims 1, 4 and 5 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Stiff in view of Johnston.
Rather than reiterate the conflicting viewpoints advanced by
the examiner and the appellants regarding the § 103 rejection, we
make reference to the examiner's answer (Paper No. 28, mailed
January 17, 1996) and the supplemental examiner's answer (Paper
No. 30, mailed March 5, 1996) for the examiner's complete
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