Ex parte SERDUKE - Page 2




                 Appeal No. 1998-1969                                                                                     Page 2                        
                 Application No. 08/535,708                                                                                                             


                 objected to as depending from a non allowed claim (answer, p.                                                                          
                 4).  Thus, claims 13 through 16 remain on appeal.2                                                                                     


                          We AFFIRM.                                                                                                                    


                                                                   BACKGROUND                                                                           
                          The appellant's invention relates to a dispensing device                                                                      
                 (claims 15 and 16) and a method of dispensing items (claims 13                                                                         
                 and 14).  An understanding of the invention can be derived                                                                             
                 from a reading of exemplary claims 13 and 15, which appear in                                                                          
                 the appendix to the appellant's brief.                                                                                                 


                          The prior art references of record relied upon by the                                                                         
                 examiner in rejecting the appealed claims are:                                                                                         
                 Hotaling                                     1,285,187                                             Nov. 19,                            
                 1918                                                                                                                                   
                 Crawford et al.                              5,363,987                                             Nov. 15,                            
                 1994                                                                                                                                   
                 (Crawford)                                                                                                                             




                          2The appellant's amendment after final (Paper No. 5,                                                                          
                 filed July 14, 1997) was not entered by the examiner (see                                                                              
                 paper No. 6, mailed July 25, 1997.                                                                                                     







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