Appeal Number: 2006-3321
Application Number: 09/843,381
therein a diverter, said diverter being such that the difference between
the diameter of the diverter and that of the surrounding chamber is
such that the cross-sectional area therebetween gradually increases in
the direction of flow of the filling head component; and
(ii) a component located in a fill aperture of a container, said
components being engageable with one another so as to provide a
direct path from said filling head to the interior of the container.
Claim 1 of the ‘880 patent is:
1. A system for the mixing of one or more concentrates to form a
product, comprising a vending machine, said vending machine
comprising one or more diluent sources and one or more concentrate
sources, said diluent and concentrate sources being in fluid
communication with one or more mixing chambers, the mixing
chamber being adapted to mix the diluent and concentrate sources
prior to dispense, the product being selected from cleaning products
and detergents, the vending machine further comprising one or more
dispense points adapted to dispense the product into a storage
container when the storage container is positioned for dispensing from
the vending machine.
The nonstatutory double patenting rejection is based on a judicially created
doctrine grounded in public policy (a policy reflected in the statute) so as to
prevent the unjustified or improper timewise extension of the "right to exclude"
granted by a patent and to prevent possible harassment by multiple assignees. A
nonstatutory obviousness-type double patenting rejection is appropriate where the
conflicting claims are not identical, but at least one examined application claim is
not patentably distinct from the reference claim(s) because the examined
application claim is either anticipated by, or would have been obvious over, the
reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed.
Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re
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