Ex parte WEINBERGER - Page 3




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




                    Claims 1, 3 and 5 stand finally rejected as unpat-                
          entable over Fukuda in view of Wilhelm, under 35 U.S.C. § 103.              
                    The basis of the rejection is stated on page 4 of                 
          the examiner’s answer as follows:                                           
                    [Fukuda] shows a can collecting apparatus                         
                    with a gaming apparatus 13, 19 and a de-                          
                    flector plate at 4 of Fig. 3 which is part                        
                    of the                                                            

                    can identifying means 9, the deflector                            
                    plate moves to a first position to send the                       
                    valid cans to the spaced can crusher 10 or                        
                    to a second position to return invalid cans                       
                    to discharge chute 15. [Fukuda] does not                          
                    show dispensing coupons.  Wilhelm '048                            
                    shows a similar can redemption apparatus                          
                    with a  gaming apparatus 12 which delivers                        
                    winnings as prizes, stamps or coupons, see                        
                    col. 3, lines 35-42.  It would have been                          
                    obvious to one of ordinary skill in the art                       
                    in view of the showing and teaching of                            
                    Wilhelm '048 to provide the device of                             
                    [Fukuda] with a coupon dispenser to deliver                       
                    the winnings.                                                     
          The examiner further holds that the provision of drain                      
          openings, as called for by dependent claim 3, would have been               
          obvious.  Appellant does not argue to the contrary.                         
                    Appellant does not contend that it would not have                 
          been obvious to employ the gaming apparatus 12 of Wilhelm as                
                                          3                                           





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