Ex parte SOTELO et al. - Page 8




          Appeal No. 97-2119                                                          
          Application No. 08/263,825                                                  


               Appellants concede (Brief, page 8) that Fishman discloses              
          “a hopper and means for dispensing feed from the hopper.”                   
                    Although Fishman discloses a timer for controlling                
          the dispensing cycle of a hopper (Figure 1; column 2, lines 6               
          through 10; column 6, lines 39 through 43), we agree with                   
          appellants that “none of the references relied upon by the                  
          Examiner have anything to do with lunar transit time” (Brief,               
          page 9).  Thus, the obviousness rejection of claims 8 through               
          14 is reversed.                                                             
                                      DECISION                                        
               The decision of the examiner rejecting claims 1 through                
          14 under 35 U.S.C. § 103 is reversed.                                       
                                      REVERSED                                        




                    KENNETH W. HAIRSTON          )                                    
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    JOHN C. MARTIN               )     APPEALS AND                    
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
                                                  )                                   
                                                  )                                   
                    STUART N. HECKER             )                                    
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