Ex parte LANDA et al. - Page 5




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


          and reduce the cost of manufacturing the Landa toner dispenser              
          66, 70 (Figures 1 and 2, respectively) by using a fluid                     
          pressure means and cooperating valve means as taught by Uhlig               
          in lieu of the mechanical pressure means 72, 74 and 88 (Figure              
          2) of Landa.  The examiner also concludes (Answer, pages 9                  
          through 11) that it would have been obvious to one of ordinary              
          skill in the art to place the dispensing valve 68 in Uhlig                  
          (Figure 8) on the opposite end of the dispenser 55 to use the               
          forces of gravity to aid in the dispensing of the liquid as                 
          suggested by Landa.                                                         
               Appellants argue (Brief, page 16) that the examiner has                
          not presented a convincing line of reasoning that would have                
          led one of ordinary skill in the art to modify the two                      
          references to arrive at the claimed invention.  According to                
          the appellants (Brief, pages 12, 17 and 18; Reply Brief, pages              
          6 and 8) there is a complete lack of motivation for making any              
          of the modifications proposed by the examiner.  Appellants                  
          additionally argue (Brief, page 15) that “the only teaching or              
          suggestion that would lead one having ordinary skill in the                 
          art to arrive at Appellants’ invention is within Appellants’                
          disclosure.”                                                                
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