Appeal No. 1999-0674
Application No. 08/654,536
inject foodstuff into the channel in the bagel product. The filling spout used with the dispenser
unit is also a prior art article, namely an Edhard spout Model F-3090.
A copy of the appealed claims is appended to appellant’s brief. The copy of claims
1 and 23 in the appellant’s appendix do not contain the errors asserted by the examiner on
pages 2-3 of the answer.2
In rejecting the appealed claims under 35 U.S.C. § 103, the examiner relies upon a
1994 brochure published by the Rheon Company and entitled “Salad Injector,” Catalog No. S-
FOID-017- 6D (Rheon brochure).3 The examiner also relies on undated publications identified
on page 3 of the answer as the “Edhard Pamphlets.” The Edhard pamphlets are understood to
be the two Edhard publications made of record in appellant’s information disclosure statement
filed May 29, 1996 (Paper No. 2). In the accompanying form PTO-1449, the first Edhard
pamphlet is identified as “Volumetric metering systems for food, etc.,” and the second Edhard
pamphlet is identified as “Describing Part Numbers, Names, etc.” The Rheon brochure was
made of record by appellant in a
subsequent information disclosure statement filed August 8, 1996 (Paper No. 4). Both of the
Edhard pamphlets and the Rheon brochure are treated as prior art by appellant.
Claims 1 through 8, 17, 18, 23, 24 and 28 stand rejected under 35 U.S.C. § 103(a) as
2 As noted in appellant’s reply brief, the phrase “that faces the portion of the channel” after the word
“spout” in line 14 of claim 1 was deleted in the amendment filed June 11, 1997 (Paper No. 7), and the phrase
“pushed in” in line 7 of claim 23 was changed to “pushed aside” in the amendment filed October 14, 1997
(Paper No. 9). Contrary to the examiner’s statement on page 3 of the answer, no change was made to claim
23 in the amendment filed November 13, 1997 (Paper No. 11).
3 Contrary to the implication arising from the examiner’s identification on page 3 of the answer, this brochure
is not a publication in the Japanese language, but instead was merely printed in Japan.
2
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