Appeal No. 2000-1292 Page 6
Application No. 08/739,836
this mixture to dispense materials other than those having an alcohol base. We therefore
agree with the appellants that the artisan would not have found suggestion in Ebisawa to
utilize a mixture of nitrogen and carbon dioxide gases to dispense materials other than
those with an alcohol base, such as mineralized water, from a spray dispenser.
For the above reasons, it is our conclusion that the combined teachings of
Diamond, Reis and Ebisawa fail to establish a prima facie case of obviousness with
respect to the subject matter recited in independent claim 1. This being the case, we will
not sustain the rejection of claim 1 or, it follows, of claims 4, 5 and 10-16, which depend
therefrom.
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