Ex parte SUNDBERG - Page 8




          Appeal No. 96-3845                                                          
          Application No. 08/209,260                                                  


          handling different sized capsules and including a housing with              
          means for “slidably receiving” the first and second plates.  Once           
          again, it is clear to us that one of ordinary skill in the art              
          would not have been motivated to make the proposed modification             
          since it would have clearly necessitated an entire reworking of             
          the Feton apparatus, contrary to the single capsule size teaching           
          thereof, and particularly since the secondary references each               
          reflect distinctly different structural apparatus relative to the           
          loading device and capsule filling machine of the Feton Brochure.           


               In summary, this panel of the board has                                


               reversed the rejection of claim 21 under 35 USC § 103 as               
          being unpatentable over the Feton International brochure, and               


               reversed the rejection of claims 1 through 3, 19, and 22               
          through 24 under 35 USC § 103 as being unpatentable over the                
          Feton International brochure in view of any of Norelli, Inman, or           
          Austin.                                                                     






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