Appeal No. 97-1151
Application 08/380,824
We reverse the rejection of claims 10, 3 through 5,
7, and 8 under 35 U.S.C. § 103 as being unpatentable over
Avery in view of Hertz.
At the outset, we point out that we fully comprehend
the examiner’s assessment and application of the relied upon
teachings of the Avery and Hertz patents. However, for the
reasons set forth infra, we do not conclude that the claimed
invention would have been obvious based upon the evidence
before us, as did the examiner.
Independent claim 10 is drawn to an apparatus which
comprises, in combination, inter alia, a wall mounted
dispenser, with two spaced side supports, normally employed to
support and dispense a conventional roll of toilet tissue
having a central core, a receptacle having a receptacle
interior in the form of an open-topped trough for
accommodating a coreless roll of toilet tissue, first and
second projections on outer receptacle side
surfaces with at least one of the projections being movable
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