Ex parte NIEMIRO et al. - Page 4




                Appeal No. 96-3874                                                                                                            
                Application 08/308,186                                                                                                        


                Pirsch for the purpose of dampening pressure pulses such as                                                                   
                taught by each of the secondary references.  Implicit in the                                                                  
                examiner’s rejection is the position that the proposed                                                                        
                modification of Smith would result in a dampening assembly that                                                               
                corresponds to the claimed assembly in all respects.                                                                          
                         We will not sustain this rejection.  At the outset, it is                                                            
                questionable whether it would have been obvious as a general                                                                  
                proposition to provide an accumulator in the dampening system of                                                              
                Smith in view of the collective teachings of the applied                                                                      
                references.  Admittedly, it is well known, as a general                                                                       
                proposition, that vibrations may be caused by pressure pulsations                                                             
                at the beginning and end of the delivery stroke of a pump, and                                                                
                that these pulsations can be minimized by utilizing an                                                                        
                accumulator device in communication with the liquid being pumped.                                                             
                The secondary references to Plager, Miller and Pirsch teach as                                                                
                much.  However, it is not apparent, nor has the examiner                                                                      
                explained, why one of ordinary skill in the art would have                                                                    
                appreciated this circumstance to be applicable to Smith’s                                                                     
                printing press dampening apparatus.  In this regard, Smith does                                                               
                not indicate that system pump 128  or any of the metering pumps3                                                                      

                         3See column 5, line 34-51.  Presumably the cylindrically                                                             
                shaped object seen in Smith’s Figure 1 between the filter 127 and                                                             
                the check valve 129 constitutes the pump in question.                                                                         
                                                                    -4-                                                                       





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