Appeal No. 97-3097
Application 08/030,488
disclosure is insufficient as a teaching applicable to
appellants’ claimed invention, because the structure and
operation of the pressure transducer are not described (column
4, lines 48 to 55).
The Pailler patent does not disclose a system for
measuring both convexity and concavity of a container closure,
but rather must be designed to do one or the other (column 7,
line 39 to column 8, line 17). The apparatus disclosed by
Bellio evidently would be capable of measuring either
convexity or concavity of the end of a container, although
such is not specifically disclosed and does not appear to have
been contemplated.
We do not consider that Waters, in combination with any
or all of Bergstrom, Pailler and Bellio, would suggest the
claimed method or apparatus to one of ordinary skill in the
art. As discussed above, Waters discloses only measuring the
position of the diaphragm in its convex configuration. Even
if the Bellio patent were to teach the measurement of the
convex and concave configurations of a container, what
motivation would there be to apply such teaching to the Waters
-6-
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007