Appeal No. 97-3002
Application 08/529,477
containers 4 containing ice cream mix. Each storage container is
provided with an outlet 6 having a shut-off valve 7 that in turn
may be connected to a pump 36 for the purpose of pumping the ice
cream mix to a freezing tank 24. Also connected to the top of
each storage container 4, is a compressed air line 12 and a
return-flow line 14. Thus, while the storage containers 4 of
Menzel are removable from the cabinet 1, there are apparently
three separate fluid connections on each storage container which
must be disconnected prior to removal. From the above, it is
readily apparent that while Menzel, at the broadest level, does
teach maintaining a storage compartment for fluid containers at a
controllable temperature prior to use, it is done so in a
completely disparate type of apparatus and environment. Absent
the appellants’ own disclosure we are at a complete loss to
understand why one of ordinary skill in this art would have been
motivated to single out the storage compartment having a
controllable temperature from Menzel’s ice cream making machine
and incorporate it into the surgical apparatus of Templeton.
Moreover, even if the teachings of Templeton and Menzel were
combined in the manner proposed by the examiner, the claimed
invention would not result. More specifically, there is
absolutely nothing in the combined teachings of Templeton and
4
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