Appeal No. 2000-2024
Application No. 09/059,207
further pivoting from the article-heating position, places the
heated surface of the article on the panel of the container.
Nevertheless the examiner's conclusion, as we interpret it, is
that it would have been obvious to heat the spout prior to
attaching it in view of Konaka, and, in view of Hardigg, to
use pneumatic rods in place of Konaka's cams.
We note that the Bachner and Konaka systems differ in
that in Bachner the container and spout are heated after they
are in contact, whereas in Konaka they are heated while
separated and then brought into contact, without further
heating. In view of this difference, it is not apparent why
Konaka would have motivated one of ordinary skill to preheat
the spout of Bachner before bringing it into contact with the
container. Moreover, in the Konaka apparatus a heater 86 is
placed in between the container A and spout (faucet) B to heat
them, then is moved out of the way to allow the spout to be
pressed against the container. At most, we consider that this
would teach one of ordinary skill to modify the Bachner
apparatus by placing a heating means between the spout and the
container at the spout-attaching position (i.e., between 44
and 208' in Fig. 24), but even if this could be done, the
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