Ex parte SUNDBERG - Page 3




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


                Austin.                                                                                                                       


                         The full text of the examiner's rejections and response to                                                           
                the argument presented by appellant appears in the final                                                                      
                rejection and answer (Paper Nos. 10 and 14), while the complete                                                               
                statement of appellant’s argument can be found in the main and                                                                
                reply briefs (Paper Nos. 13 and 15).                                                                                          


                                                                 OPINION                                                                      


                         In reaching our conclusion on the issues raised in this                                                              
                appeal, this panel of the board has carefully considered                                                                      
                appellant’s specification and claims,  the applied teachings, 2                                     3                        

                         2As to claim 1, we understand the recited method as                                                                  
                implicitly including a step of positioning said first capsule                                                                 
                receiving plates within said opener/encapsulater component since                                                              
                the step of “removing said first capsule receiving plates from                                                                
                said opener/encapsulater component” is expressly set forth.                                                                   
                         3In our evaluation of the applied teachings, we have                                                                 
                considered all of the disclosure of each teaching for what it                                                                 
                would have fairly taught one of ordinary skill in the art.  See                                                               
                In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA 1966).                                                                  
                Additionally, this panel of the board has taken into account not                                                              
                only the specific teachings, but also the inferences which one                                                                
                skilled in the art would reasonably have been expected to draw                                                                
                Cont...                                                                                                                       
                from the disclosure.  See In re Preda 401 F.2d 825, 826, 159 USPQ                                                             
                342, 344 (CCPA 1968).                                                                                                         
                                                                      3                                                                       





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