Ex parte DUNNING et al. - Page 6




          Appeal No. 97-1151                                                          
          Application 08/380,824                                                      



                    As is evident from our review of the Avery document,              
          supra, this patent clearly fails to provide a rotatable                     
          receptacle with at least one of first and second projections                
          being movable relative to the receptacle, the receptacle                    
          accommodating a coreless roll of toilet tissue, as required                 
          by claim 10.                                                                
                    The toilet paper roll cover concealer and holder of               
          Hertz (Figure 4) may fairly be viewed as a non-rotatable                    
          receptacle for a paper roll, with the receptacle having                     
          depressible pin projections 14 (Figure 6) to be sprung into                 
          openings 12, 13 within a wall recess 11 (Figure 3).                         
                    Simply stated, it is the view of this panel of the                
          board that a collective evaluation of the respective teachings              
          of Avery and Hertz would not have provided a sound basis for                
          one having ordinary skill in the art to so reconfigure the                  
          label dispenser of Avery as to address the particular features              
          of the apparatus of claim 10 as set forth, supra, absent                    
          impermissible                                                               





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