Ex parte LANDA et al. - Page 6




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


               We agree with appellants’ arguments.  Whether or not the               
          modified Landa canister will be cheaper to manufacture and                  
          will result in a canister that is simple to operate is purely               
          a matter of speculation on the part of the examiner.  Inasmuch              
          as Landa discloses horizontally mounted toner containers 66                 
          (Figure 1), and Uhlig only discloses dispensing nozzles at the              
          top of the fluid dispensers, neither reference before us takes              
          advantage of the “forces of gravity.”   As a result thereof,                
          the examiner has not shown a teaching of having valves at                   
          opposite ends nor has the examiner provided a convincing line               
          of reasoning concerning the same.  Thus, in the absence of                  
          appellants’ disclosed and claimed invention, nothing in the                 
          record before us supports the examiner’s proposed                           
          modifications of the applied references.                                    
               In summary, the examiner has not established the prima                 
          facie                                                                       
          obviousness of the claimed invention.                                       
                                      DECISION                                        
               The decision of the examiner rejecting claims 36, 39, 43,              
          45, 47, 49, 51 and 53 under 35 U.S.C.  103 is reversed.                    
                                      REVERSED                                        
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