Ex parte ELLIOTT - Page 2





                 Appeal No. 97-2907                                                                                                                     
                 Application 08/314,146                                                                                                                 


                 to the final rejection.   These claims constitute all of the2                                                                                            

                 claims remaining in the application.                                                                                                   



                          Appellant’s invention pertains to a food dispenser gun                                                                        

                 and to a method of dispensing an extrudable food product.  An                                                                          

                 understanding of the invention can be derived from a reading                                                                           

                 of exemplary claims 1 and 26, copies of which appear in                                                                                

                 EXHIBIT “A1" appended to the RESPONSE TO ORDER REMANDING TO                                                                            

                 EXAMINER (Paper No. 19).                                                                                                               


                          As evidence of obviousness, the examiner has applied the                                                                      

                 documents listed below:                                                                                                                

                 Hutton                              1,886,022                                             Nov.  1, 1932                                
                 Loucony                             2,928,533                                             Mar. 15, 1960                                
                 Chang                               4,081,112                                             Mar. 28, 1978                                
                 Summons et al                       4,899,909                                             Feb. 13, 1990                                
                 (Summons)                                                                                                                              

                 Olsson     3                        156,022                                               Sep. 11, 1956                                


                          2  An amendment after final rejection (Paper No. 6) was not entered (Paper No. 8),                                            
                 while a later amendment (Paper No. 12) was entered, as apparently acknowledged in                                                      
                 paragraph 2 of the answer (Paper 14).                                                                                                  
                          3  Our understanding of this document is derived from a reading of a translation                                              
                 thereof prepared in the United States Patent and Trademark Office. A copy of the                                                       
                 translation is appended to this opinion.  It is noted that the examiner has referred to                                                
                 this document by the name “Handels”. However, as the translation reveals, the named                                                    
                 inventor is Olsson.  Simply for consistency with the usage in the record, we shall                                                     
                 continue reference to this document by the name Handels.                                                                               
                                                                           2                                                                            






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