Ex parte HUTCHINS et al. - Page 6




            Appeal No. 96-1808                                                                           
            Application 08/204,119                                                                       


            wherein the liquid media handling means is movable relative to                               
            both the vessel and the shaft or paddle.                                                     
                  The examiner, therefore, has not carried his burden of                                 
            establishing a prima facie case of obviousness of the                                        
            apparatus recited in appellants’ claims 1-8, 10-33 and 45-48.                                
            Consequently, we reverse the rejection of these claims under                                 
            35 U.S.C. § 103.                                                                             
                                             Claims 34-37                                                
                  Appellants’ claim 34, and claims 35-37 which depend                                    
            therefrom, require that the head means includes a temperature                                
            sensor for detecting the temperature of the liquid in the                                    
            vessel,                                                                                      


            and that the temperature sensor is mounted relative to the                                   
            vessel and paddle therein.                                                                   
                  The examiner relies upon Schneider ‘657 for a teaching of                              
            the use of a thermostat in a dissolution testing apparatus                                   
            (answer, pages 6-7).  The examiner, however, does not explain                                
            why the applied references would have fairly suggested, to one                               
            of ordinary skill in the art, mounting the temperature sensor                                


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