Appeal No. 97-2907
Application 08/314,146
REMAND TO THE EXAMINER
In light of the reversal , supra, we remand this
application to the examiner to assess the patentability of the
claimed food dispenser gun (with “completely enclosed”
limitation) and method of dispensing an extrudable food
product (with NO “completely enclosed” limitation) based upon
the acknowledged prior art trigger operated food dispensing
guns including a food cartridge (appellant’s specification,
pages 2 and 3) and other known relevant prior art. It is
recognized that a trigger operated caulking gun may be
reasonably pertinent to the problems encountered with trigger
operated guns for dispensing an extrudable food product.
In summary, this panel of the board has:
reversed the rejection of claims 1, 3 through 10, 12, and
24 under 35 U.S.C. § 103 as being unpatentable over Chang in
view of Handels;
reversed the rejection of claim 2 under 35 U.S.C. § 103
as being unpatentable over Chang in view of Handels and
12
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