Ex Parte MUSSCHOOT - Page 10




                 Appeal No. 2002-2021                                                                                 Page 10                      
                 Application No. 09/024,077                                                                                                        


                 4, and the reference does not suggest otherwise.  Moreover, the reference provides no                                             
                 teaching that the horizontal springs are of such stiffness as to prevent the axis from                                            
                 shifting from a generally horizontal position, and there logically would be no need for                                           
                 such to be the case, inasmuch as the weight of the feeder means and its contents is                                               
                 not supported by these springs.  Thus, Semenov does not disclose or teach the                                                     
                 limitations in claim 1 that there be an interconnection mounting “consisting essentially                                          
                 of” a resilient element, and a resilient element “of sufficient stiffness to prevent said axis                                    
                 from shifting from a generally horizontal position.”                                                                              
                         Musschoot was cited only for its teaching of using a particular type of eccentric                                         
                 motion generator in devices such as that of Semenov.  Be that as it may, Musschoot                                                
                 fails to overcome the deficiencies pointed out above with regard to the teachings that                                            
                 can be attributed to Semenov.  Therefore, the references applied against claim 1 fail to                                          
                 establish a prima facie case of obviousness with regard to the subject matter recited                                             
                 therein, and we will not sustain the Section 103 rejection of independent claim 1 and                                             
                 dependent claims 2, 4 and 5.                                                                                                      
                         Independent claim 11 stands rejected on the same basis.  It requires that there                                           
                 be a support assembly “consisting essentially of two spaced, horizontally disposed coil                                           
                 springs.”  For the reasons set forth above, we also will not sustain the Section 103                                              
                 rejection of claim 11.                                                                                                            
                                                               CONCLUSION                                                                          








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