Ex parte LANDA et al. - Page 10




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


          1614, 1617-19 (Fed. Cir. 1999).                                             
               It is the Majority's opinion that the Examiner is merely               
          speculating that the Landa canister will be cheaper to                      
          manufacture and will result in a canister that is simple to                 
          operate.  The majority also places great weight on the                      
          Examiner's comment that it would have been obvious to one of                
          ordinary skill in the art to place the dispensing valve 68 in               
          Uhlig on the opposite end of the dispenser 55 to use the force              
          of gravity to aid in dispensing of the liquid as suggested by               
          Landa.                                                                      
               While I agree with the Majority that the Examiner's                    
          statements are misleading, I note that the Examiner states on               
          page 8 of the Examiner's Answer that it would have been                     
          obvious to one of ordinary skill in the art to modify the                   
          Landa container 66 shown in Figure 2 by replacing the Landa's               
          mechanical pressure means 72, 74 and 88 with the Uhlig's                    
          pressure means 64, 65 and                                                   
          63 shown in Figure 8 to obtain Appellants' claimed invention.               
          The Examiner’s stated reason that one of ordinary skill in the              
          art would have a desirability to do this modification is to                 
          reduce the cost of manufacturing the dispenser system.                      
                                         10                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007