Appeal No. 98-0107 Page 8
Application No. 08/545,920
The Buban patent discloses a magazine for dispensing
strips of gum, not cartridge clips as defined in appealed
claim 1. Although Buban’s dispensing slot 50 is formed in
a container panel corresponding to one of appellant’s edge
panels, the slot 50 is not sized to receive and dispense
cartridge clips as required by claim 1. In addition, we
do not find a disclosure of any article of any “similar
shape” to amount to a suggestion of modifying Buban’s
container to receive and dispense cartridge clips. Thus,
Buban lacks a teaching or suggestion that would have led
one of ordinary skill in the art to modify the patentee’s
container in the manner required to arrive at the claimed
invention. For these reasons we must also reverse the §
103 rejection based on Bubans.
The examiner’s decision rejecting appealed claims 1
through 3 is reversed.
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007