Appeal No. 98-0107 Page 6
Application No. 08/545,920
Puckett is also lacking in any disclosure of
utilizing the magazine for dispensing other articles of
“similar shape” as asserted by the examiner, and even if
this reference contained such a teaching, we do not see
how that teaching, without more, would have suggested the
modifications required to arrive at the claimed invention.
In the final analysis, Puckett contains no teaching or
suggestion of appellant’s claimed container construction,
including the entry opening and folded flanges, that would
have led one of ordinary skill in the art to modify
Puckett’s magazine in the manner required to arrive at the
claimed invention. For these reasons we must reverse the
§ 103 rejection based on Puckett.
The Yablans patent discloses a magazine or carrier
for receiving and dispensing thin flat-sided sampler
strips containing lipstick or other material, not
cartridge clips. We find no disclosure in Yablans of
dispensing other articles of “similar shape” as asserted
by the examiner, and even if this reference contained such
a teaching, we do not see how that teaching, without more,
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