Ex parte BURDINE - Page 4




          Appeal No. 98-0107                                       Page 4             
          Application No. 08/545,920                                                  


            teaching of a carrier or magazine for storing and                         
            dispensing semi-automatic cartridge clips.  He                            
            nevertheless takes the following position:                                
                 However, the carriers of Puckett, Buban et al., and                  
                 Yablans show and suggest that different articles of                  
                 similar shape can be dispensed and that the opening                  
                 is sized for the specific article to be dispensed.                   
                 It would have been obvious to shape the opening of                   
                 Puckett, Buban et al., and Yablans to the size of a                  
                 cartridge clip when it is desired to dispense a                      
                 cartridge clip. [Answer, page 4.]                                    


                 We have carefully considered the issues raised in                    
            this appeal together with the examiner’s remarks and                      
            appellant’s arguments.  As a result, we conclude that none                
            of the rejections can be sustained.                                       


                 It is well established patent law that there must be                 
            some teaching, suggestion or inference in the prior art as                
            a whole or some knowledge generally available to one of                   
            ordinary skill in the art that would have led one of                      
            ordinary skill in the art to make the modification needed                 
            to arrive at the claimed invention.  See, inter alia, In                  
            re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed                    








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