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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007