Ex parte SERDUKE - Page 5




          Appeal No. 1998-1969                                       Page 5           
          Application No. 08/535,708                                                  


          14 (Figures 2, 3, 6 and 7), and an actuator mechanism 16                    
          (Figures 2, 4 and 9).  As shown in Figure 1, the outer cabinet              
          12 includes a front panel assembly 18 having a chute 34, a                  
          publication receiving tray 36, coin slot 230, knob 190 of the               
          actuator mechanism 16, and a window 38 through which the                    
          publication may be viewed prior to sale.                                    


               After the scope and content of the prior art are                       
          determined, the differences between the prior art and the                   
          claims at issue are to be ascertained.  Graham v. John Deere                
          Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).                           


              Based on the examiner's analysis and review of Hotaling,               
          the examiner determined (answer, p. 5) that Hotaling lacks                  
          only the window as recited in claims 13 through 16.  We agree.              
          In fact, the appellant has not disputed this finding of the                 
          examiner.                                                                   














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