Appeal No. 97-2718
Application 08/529,228
Even if it is assumed arguendo that Dietterich’s mold
holders 12 and 14 together with their associated mold inserts 22
and 24 form some sort of container in the closed condition shown
in Figure 1 of the patent drawings, the examiner has made no
finding that Dietterich discloses (a) the concept of disposing a
package of the moldable material in such a container to meet the
limitations of claim 1 or (b) the concept of disposing an
activatable moldable material in its non-activated form in such a
container to meet the limitations of claim 9. Based on our review
of the cited references, we fail to find any teaching or
suggestion of these features in Dietterich or in any of the other
cited references. As a result, the examiner has failed to provide
the necessary factual basis to support his rejections. See In re
Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA 1967).
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