Ex parte FITZGERALD et al. - Page 5




            Appeal No. 95-3161                                                                          
            Application 08/090,921                                                                      


            for doing the same.  In other words, the claim requires that                                
            there be no choices in what to do for moving the magazine into                              
            and out of the apparatus if                                                                 
            the magazine is to be oriented properly in the apparatus.  For                              
            instance, with respect to claim 1, it can be seen in Figure 1                               
            that the tong 82 must be aligned with and fit within groove                                 
            64, if the magazine 70 is to be properly oriented with the                                  
            apparatus.                                                                                  
                  Accordingly, claims 1, 5 and 9 are not vague or                                       
            indefinite.  We do not sustain the rejection of claims 1, 5                                 
            and 9 on the ground of indefiniteness.                                                      

            The rejection of claims 1, 5 and 9                                                          
            as being unpatentable over Tamachi and Taylor                                               

                  We reject the appellants’ argument that the examiner                                  
            ignored the claim requirement that the magazine alignment                                   
            means is for proper orientation of the open front of the                                    
            magazine within the apparatus.  Even if Taylor’s magazine is                                
            designed to be moved                                                                        




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