Ex parte SKINNER et al. - Page 12




                     Appeal No. 2000-2024                                                                                                                                              
                     Application No. 09/059,207                                                                                                                                        


                     given above concerning the rejection of claims 15 and 16.                                                                                                         
                     While Konaka's receiver 85 is displaced as recited in steps c                                                                                                     
                     and d, see col. 9, lines 46 to 64, Hardigg would not in our                                                                                                       
                     view suggest displacing Konaka's receiver 85 by "progressive                                                                                                      
                     pivoting," as claimed.                                                                                                                                            
                     Rejection (5)                                                                                                                                                     
                                Bachner discloses spout-attaching apparatus in which,                                                                                                  
                     following the language of claim 24,  there is a pivotally                  5                                                                                      
                     mounted, fluidic, piston-and-cylinder device having a                                                                                                             
                     reciprocable receiver thereon (anvil 184 is rotated on shaft                                                                                                      
                     200) and pneumatically extended and retracted by drive 204                                                                                                        
                     (col. 12, lines 5 to 14), and a second stationarily mounted,                                                                                                      
                     fluidic, piston-and-cylinder device 186 with a reciprocable                                                                                                       
                     heated tool for heating a surface of the article (spout).                                                                                                         
                     Bachner does not disclose (1) a first stationarily mounted,                                                                                                       
                     fluidic, piston-and-cylinder device for pushing the article                                                                                                       
                     into the receiver, but rather portion 208 of the receiver 184                                                                                                     
                     is pushed into the article (col. 13, lines 35 to 41); and (2)                                                                                                     
                     that the pivotally mounted piston-and cylinder [device], after                                                                                                    

                                5It appears that in line 13, --device-- should be                                                                                                      
                     inserted after "cylinder."                                                                                                                                        
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