Appeal No. 96-3845 Application No. 08/209,260 handling different sized capsules and including a housing with means for “slidably receiving” the first and second plates. Once again, it is clear to us that one of ordinary skill in the art would not have been motivated to make the proposed modification since it would have clearly necessitated an entire reworking of the Feton apparatus, contrary to the single capsule size teaching thereof, and particularly since the secondary references each reflect distinctly different structural apparatus relative to the loading device and capsule filling machine of the Feton Brochure. In summary, this panel of the board has reversed the rejection of claim 21 under 35 USC § 103 as being unpatentable over the Feton International brochure, and reversed the rejection of claims 1 through 3, 19, and 22 through 24 under 35 USC § 103 as being unpatentable over the Feton International brochure in view of any of Norelli, Inman, or Austin. 8Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007