Appeal No. 98-0107 Page 7
Application No. 08/545,920
would have suggested the modifications required to arrive
at the claimed invention.
Furthermore, the dispensing aperture 53 in Yablans’s
magazine is not sized to receive and dispense cartridge
clips as required by claim 1. In addition, Yablans’s
dispensing aperture is not formed in a panel that
corresponds to the claimed edge panel in appellant’s
invention. Instead, the aperture 53 is formed by a cutout
51 at the open end of a finger slot 24 in the top panel 22
of the container.
In the final analysis, Yablans, like Puckett,
contains no teaching or suggestion of appellant’s claimed
container construction, including the size and location of
the entry opening, that would have led one of ordinary
skill in the art to modify Yablans’s magazine in the
manner required to arrive at the claimed invention. For
these reasons we must reverse the § 103 rejection based on
Yablans.
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