Ex parte SIMHAEE - Page 7




              Appeal No. 1999-2102                                                                 Page 7                 
              Application No. 08/715,990                                                                                  


                     We therefore conclude that the combined teachings of Wheeler and Richardson fail                     
              to establish a prima facie case of obviousness with regard to the subject matter recited in                 
              independent claim 11.  The rejection of claim 11 and of claim 14, which depends                             
              therefrom, is not sustained.                                                                                
                     Nor will we sustain the rejection of dependent claims 12 and 13.  Further                            
              consideration of Gage, which was applied against these two claims for its teaching of                       
              providing an open-topped slot for a dispenser roller, does not overcome the shortcoming                     
              of the other two references.                                                                                































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