Appeal No. 1997-2567
Application 08/390,029
However, we agree with appellants that the rejection of claims
5, 7 and 10 is not well founded. We therefore reverse the
rejection of claims 5, 7 and 10.
Rejection of claims 4 and 9
Appellants state that claims 4 and 9 stand or fall
together (brief, page 6). We therefore address only one of
these claims, i.e., claim 4. See In re Ochiai, 71 F.3d 1565,
1566 n.2, 37 USPQ2d 1127, 1129 n.2 (Fed. Cir. 1995); 37 CFR
§ 1.192(c)(7)(1995).
FR ‘536 discloses an apparatus which can mix differently
colored candy masses (pages 3 and 4), comprising a plurality
of independent hoppers (I, II and III, figure 1) in which
differently colored candy masses can be stored, a deposit
cylinder (2, called a pouring valve (page 4)), a plurality of
syrup imbibing openings (3) between the hoppers and the
deposit cylinder (figure 1), a piston which can move upward
within the deposit cylinder to simultaneously imbibe candy
masses from the plurality of hoppers and move downward to
close the plurality of syrup imbibing openings (page 4), and a
die (9) into which the candy is poured.
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