Ex parte SUNDBERG - Page 2




                Appeal No. 96-3845                                                                                                            
                Application Nol 08/209,260                                                                                                    


                reading of exemplary claims 1, 3, and 21, copies of which are                                                                 
                appended to the main brief (Paper No. 13).                                                                                    


                         As evidence of obviousness, the examiner has applied the                                                             
                following documentation:                                                                                                      

                Feton International brochure  (known capsule handling system; as1                                                                            
                acknowledged in appellant’s specification, page 1)                                                                            
                Norelli                           2,348,749                                May  16, 1944                                      
                Inman                             3,552,095                                Jan.  5, 1971                                      
                Austin                            3,675,390                                Jul. 11, 1972                                      


                         The following rejections are before us for review.                                                                   


                         Claim 21 stands rejected under 35 USC § 103 as being                                                                 
                unpatentable over the Feton International brochure.                                                                           
                         Claims 1 through 3, 19, and 22 through 24 stand rejected                                                             
                under 35 USC § 103 as being unpatentable over the Feton                                                                       
                International brochure in view of any of Norelli, Inman, or                                                                   

                         1Application for Patent filed March 14, 1994.  This                                                                  
                document was submitted by appellant in parent application Serial                                                              
                No. 07/841,475, filed February 26, 1992, now U.S. Patent No.                                                                  
                5,321,932, issued June 21, 1994 and was listed as “Marketing                                                                  
                Literature for FETON Int’l” on an “INFORMATION DISCLOSURE                                                                     
                CITATION” form (Paper No. 2).                                                                                                 
                                                                      2                                                                       





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