Ex parte WILHELM A. KELLER - Page 5




          Appeal No. 95-2880                                                          
          Application 08/091,294                                                      


          the lack thereof (see In re Sovish, 769 F.2d 738, 742, 226 USPQ             
          771, 774 (Fed. Cir. 1985)).                                                 
               The thrust of the appellant's invention is directed to a               
          sealing, rotatable snap-in mounted attachment to the mixing tube            
          of a mixer.  As manifested in claim 1, the invention is presented           
          as a mixer for a dispensing apparatus having a double cartridge,            
          comprising means for mounting an attachment in the form of a                
          circular bead provided at the dispensing end of the mixer and a             
          corresponding groove provided in the mounting end of the                    
          attachment, the bead and the groove having such dimensions that             
          the attachment is "rotatably and sealingly" maintained on the               
          mixer.                                                                      
               The first rejection of this claim is that it is unpatentable           
          over the combined teachings of Colin, Yu and Yoshioka.  We view             
          Colin as an example of the device over which the appellant                  
          believes his invention to be an improvement.  Colin discloses a             
          dispensing apparatus having two cartridges which provide                    
          materials to a mixer 16.  At the dispensing end of the mixer is a           
          spout 32, which is attached by a threaded connection.  While it             
          can be assumed that the spout is "sealingly" maintained on the              
          mixer as required by claim 1, or else it would be inoperable                
          because of leakage, it does not appear to be "rotatably"                    

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