Appeal No. 97-0172
Application 08/173,560
Rockola discloses a typical can beverage vending machine
10, having improvements in the can delivery mechanism.
Although Rockola does not disclose that the cans vended by the
machine are "filled with a material other than a liquid
beverage", as recited in claim 15, the examiner asserts that
the claims are anticipated because "the contents in this
instance have no bearing on the manner in which the container
is being dispensed from the machine" (final rejection, page
3), citing Ex parte Pfeiffer, 135 USPQ 31 (Bd. Apps 1961), and
Ex parte Kangas, 125 USPQ 419 (Bd. Apps 1960).
We do not consider this rejection to be well taken. In
order to anticipate a claim, a prior art reference must
disclose every limitation of the claimed invention, either
explicitly or inherently. In re Schreiber, 128 F.3d 1473,
1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997). In the present
case, Rockola does not disclose, expressly or inherently, a
container filled with a material other than a liquid beverage,
and therefore does disclose the steps recited in claim 15 of
"providing at least one container . . . filled with a material
other than a liquid beverage", "providing a vending machine .
. . being loaded with said at least one container containing a
3
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007