Ex parte SERDUKE - Page 6




                 Appeal No. 1998-1969                                                                                     Page 6                        
                 Application No. 08/535,708                                                                                                             


                          In applying the test for obviousness,  we reach the                3                                                          
                 conclusion that it would have been obvious to one of ordinary                                                                          
                 skill in the art at the time the invention was made to have                                                                            
                 provided the front panel of Hotaling's newspaper vending                                                                               
                 machine (i.e., the panel shown in Figure 1 of Hotaling) with a                                                                         
                 window through which the newspaper may be viewed prior to sale                                                                         
                 as suggested and taught by Crawford's window 38 thereby                                                                                
                 arriving at the method of dispensing items as recited in                                                                               
                 claims 13 and 14 and the dispensing device as recited in                                                                               
                 claims 15 and 16.                                                                                                                      


                          The arguments advanced by the appellant in the brief are                                                                      
                 unpersuasive for the following reasons.                                                                                                


                          The appellant argues (brief, pp. 7-9) that Crawford does                                                                      
                 not teach or suggest a window having the purpose of the                                                                                
                 present window (i.e., to permit the customer to view the inner                                                                         


                          3The test for obviousness is what the combined teachings                                                                      
                 of the references would have suggested to one of ordinary                                                                              
                 skill in the art.  See In re Young, 927 F.2d 588, 591, 18                                                                              
                 USPQ2d 1089, 1091 (Fed. Cir. 1991) and In re Keller, 642 F.2d                                                                          
                 413, 425, 208 USPQ 871, 881 (CCPA 1981).                                                                                               







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