Ex parte SUNDBERG - Page 6




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


          inform us that the automatic capsule filling machine includes an            
          upper white sheet, a detachable black sheet, a middle white                 
          sheet, and a bottom part with four studs, a frame, and screws.              


               We also fully appreciate that the particular capsule filling           
          apparatus of Norelli (page 3, lines 4 through 11) can be provided           
          with alternative elements for addressing capsules of a different            
          size, that the manual capsule filling apparatus of Inman (column            
          4, lines 48 through 52) can be used with a variety of capsule               
          sizes by providing additional body section parts and cap section            
          plates, and that the capsule filling apparatus of Austin (column            
          7, lines 69 through 75) may be adjusted to accommodate different            
          size capsules by replacing hinged units including bars 326 and              
          arms 339 on drum 320 (Figure 13).                                           


               With the above in mind, we turn now to independent claims 1            
          and 3.                                                                      


               As to the specific method of handling capsules set forth in            
          appellant’s claim 1, it is apparent to us that the applied                  
          teachings, collectively considered, would have failed to suggest            
          the recited positioning and orienting of first and larger second            

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