Ex parte LANDA et al. - Page 2




          Appeal No. 1997-2118                                                        
          Application No. 08/119,163                                                  


               Claim 36 is the only independent claim on appeal, and it               
          reads as follows:                                                           
               36. A dispensing container for dispensing a material                   
          such      as liquid toner concentrate comprising:                           
               a canister;                                                            
               a movable partition disposed within the canister,                      
          said      movable partition defining a first space containing               
          liquid    toner concentrate and a second space between the                  
          movable partition and the canister;                                         
               a first valve communicating with said first space                      
          for       allowing egress of material from said first space                 
          when said      first valve is activated; and                                
               a second valve communicating with said second space                    
          for       allowing ingress of pressurized fluid into said                   
          second    space when said second valve is activated; wherein                
          the       canister is a rigid enclosure having first and                    
          second                                                                      
               communication openings in the opposite end portions                    
          thereof,       said first valve being disposed within said                  
          first          communication opening and said second valve                  
          being disposed      within said second communication opening.               
               The references relied on by the examiner are:                          
          Uhlig                    4,098,434                     July 4,              
          1978                                                                        
          Landa                    5,208,637                     May  4,              
          1993                                                                        
                                                  (filed Aug. 22, 1990)               
               Claims 36, 39, 43, 45, 47, 49, 51 and 53 stand rejected                
          under 35 U.S.C.  103 as being unpatentable over Landa and                  
          Uhlig.                                                                      
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