Ex parte SCHREIBER - Page 10




          Appeal No. 2001-0483                                      Page 10           
          Application No. 08/996,842                                                  


          obviousness is established by presenting evidence that would                
          have led one of ordinary skill in the art to combine the                    
          relevant teachings of the references to arrive at the claimed               
          invention.  See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d                   
          1596, 1598 (Fed. Cir. 1988) and In re Lintner, 458 F.2d 1013,               
          1016, 173 USPQ 560, 562 (CCPA 1972).                                        


               Claims 2 and 15 are drawn to a dispensing top for passing              
          only several kernels of a popped popcorn at a time from an                  
          open-ended container filled with popped popcorn.  The                       
          dispensing top has a generally conical shape with the opening               
          at the reduced end being of a diameter greater than one inch                
          thereby allowing several kernels of popped popcorn to pass                  
          through at the same time.  In addition, means are provided at               
          the reduced end of the top to close-off the opening thereat.                


               The examiner determined (answer, p. 4) that Harz                       
          discloses all the features of claims 2 and 15 except the means              
          for closing off the reduced end of the top and that such would              
          have been obvious from the teachings of Fisher.                             









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