Ex parte WEINBERGER - Page 2




                 Appeal No. 97-4173                                                                                                                     
                 Application 08/575,963                                                                                                                 



                                                           DECISION ON APPEAL                                                                           
                                   This is an appeal from the final rejection of claims                                                                 
                 1, 3 and 5, all the claims remaining in the application.                                                                               
                                   The subject matter in issue concerns an apparatus                                                                    
                 for receiving and crushing used beverage cans.  In order to                                                                            
                 encourage use of the machine, each time a “valid” (e.g.,                                                                               
                 empty, nonmagnetic) can is deposited, a game similar to a slot                                                                         
                 machine is activated, and the machine prints out a coupon for                                                                          
                 purchasing a product, the value of the coupon depending on the                                                                         
                 outcome of the game.  The claims on appeal are reproduced in                                                                           
                 appellant’s brief, except that, as pointed out by the exam-                                                                            
                 iner, claim 3 is dependent on claim 1, not on cancelled claim                                                                          
                 2.                                                                                                                                     
                                   The references applied in the final rejection are:                                                                   
                 Wilhelm                                               5,346,048                                    Sept. 13,                           
                 1994                                                                                                                                   
                 Japanese Kokai           2                            04-370,896        Dec.  24, 1992                                                 
                 (Fukuda)                                                                                                                               


                          2Our understanding of this reference is derived from a                                                                        
                 translation prepared for the PTO, a copy of which is enclosed.                                                                         
                 References herein to pages and lines of the reference are to                                                                           
                 pages and lines of the translation.                                                                                                    
                                                                           2                                                                            





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