Ex parte KIRKLAND - Page 2




          Appeal No. 97-0172                                                          
          Application 08/173,560                                                      




               The claims on appeal are drawn to a method of vending                  
          non-beverage foods and non-comestible items from vending                    
          machines configured to vend canned drinks.  The claims are                  
          reproduced in Appendix A of appellant's reply brief (Paper No.              
          20, filed June 28, 1996).                                                   
               The references over which the claims on appeal stand                   
          rejected are:                                                               
          Mullin         3,043,474                     Jul. 10, 1962                  
          Rockola        5,080,256                     Jan. 14, 1992                  
          Sampson        5,199,598                     Apr. 06, 1993                  
               The claims on appeal stand rejected on the following                   
          grounds:2                                                                   
               (1)  Claims 15 to 17 and 21 to 24, anticipated by                      
          Rockola, under 35 USC § 102(b);                                             
               (2) Claims 15 to 17, 21 and 24, unpatentable over Rockola              
          in view of Mullin, under 35 USC § 103;                                      
               (3) Claims 15 to 17, 22 and 23, unpatentable over Rockola              
          in view of Sampson, under 35 USC § 103.                                     
          Rejection (1)                                                               

               Rejections (2) and (3) are new grounds of rejection first raised in the2                                                                     
          examiner's answer.                                                          
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