Appeal No. 97-2821
Application 08/377,720
application.
The invention relates to dispensing gun structure which is designed to facilitate the handling of
"sausage pack" component packages. A copy of the appealed claims appears in the appendix to the
appellant’s brief (Paper No. 13).
The references relied upon by the examiner as evidence of anticipation and obviousness are:
Yoon 3,946,908 Mar. 30, 1976
Pedersen et al. (Pedersen) 4,072,250 Feb. 7, 1978
Giannuzzi 5,161,715 Nov. 10, 1992
Herold et al. (Herold) 2 541,972 May 19, 1993
European Patent Document
The appealed claims stand rejected as follows:
a) claims 1, 4, 6, 8 through 10, 12 and 13 under 35 U.S.C. § 102(b) as being anticipated by
Herold;
b) claims 2 and 3 under 35 U.S.C. § 103 as being unpatentable over Herold in view of
Giannuzzi;
c) claim 5 under 35 U.S.C. § 103 as being unpatentable over Herold in view of Pedersen; and
2Our understanding of the German language Herold reference is based on U.S. Patent No.
5,332,122, its English language equivalent. The U.S. patent is of record in the instant application and is
prior art with respect to the subject matter on appeal in its own right.
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