Ex parte BURDINE - Page 5




          Appeal No. 98-0107                                       Page 5             
          Application No. 08/545,920                                                  


            Cir. 1988) and Uniroyal, Inc. v. Rudkin-Wiley Corp., 837                  
            F.2d 1044, 1052, 5 USPQ2d 1434, 1439 (Fed. Cir. 1988).                    
            See also In re Lalu, 747 F.2d 703, 705, 223 USPQ 1257,                    
            1258 (Fed. Cir. 1984) (The prior art must provide one of                  
            ordinary skill in the art with the motivation to make the                 
            modification needed to arrive at the claimed invention).                  


                 The Puckett patent discloses a magazine for receiving                
            and dispensing individual cartridges or shells, not                       
            cartridge clips as defined in claim 1.  Furthermore, the                  
            aperture in Puckett’s panel 7, which corresponds to one of                
            the claimed edge panels in claim 1, is not sized to                       
            receive and dispense cartridge clips as required by claim                 
            1.  The aperture in Puckett’s panel 7 is not even intended                
            to receive or dispense individual cartridges.  Instead,                   
            the individual cartridges are inserted and dispensed                      
            through the side opening 24 bridging the side panel 10 and                
            the top panel 12.  In addition, Puckett lacks a disclosure                
            of appellant’s claimed inwardly folded flanges.                           










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