Appeal No. 97-2907
Application 08/314,146
made from common knowledge and common sense of the person of
ordinary skill in the art without any specific hint or
suggestion in a particular reference. See In re Bozek, 416
F.2d 1385, 1390, 163 USPQ 545, 549 (CCPA 1969).
With the above in mind, we appreciate from a reading of
the “BACKGROUND OF THE INVENTION” section of appellant’s
specification (page 2) that, when the present invention was
made a dispensing gun supporting a cartridge holding food was
known. The gun was provided with a lever actuated plunger to
move a cartridge piston for displacing a food paste
formulation through a discharge spout.
According to appellant (specification, page 3), prior art
trigger operated dispensing guns were not feasible in a
nursing home environment because of the extremely strict
health standards maintained there regarding food preparation
and serving. This was because all such trigger operated guns
included drive mechanisms exposed to the environment of use,
tended to trap food particles during use, and were extremely
hard to keep clean. As explained by appellant, there is a
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