Ex Parte YAMAMOTO et al - Page 8




         Appeal No. 1998-1418                                                        
         Application 08/313,249                                                      



         this appeal and will decide the issues on appeal based on those             
         claims alone.                                                               


                    With regard to the examiner’s rejection of claim 1               
         under 35 U.S.C. § 103(a) based on Anthony in view of Bendig and             
         Takahashi, we note that Anthony discloses an ultrasonic spraying            
         device having an ultrasonic source 2, a spray nozzle 5 having a             
         free upper end 6 with a diaphragm 9 disposed thereon, and a                 
         liquid supply 8 entering transverse to the body of the spraying             
         device.  Anthony (col. 3, lines 36-42) also discloses that                  
                    member 7a may be moved forward and rearward                      
                    at least slightly relative to the body of the                    
                    spraying device, and this allows the pressure                    
                    with whcih [sic] diaphragm 9 is held against                     
                    nozzle 5 to be varied.  Adjusting this                           
                    pressure modifies within large ranges the                        
                    characteristics of the nebulized liquid                          
                    discharged from the spraying device.                             


                    Bendig discloses an ultrasonic atomizer having an                
         ultrasonic source 10, a spray nozzle 20 having an atomizing disk            
         21 with a diaphragm 31 disposed thereon, and a liquid supply 19             
         also entering transverse to the body of the spraying device.  In            
         addition, Bendig discloses a spring biased cap 30 which encloses            
         the atomizing disk 21 of the nozzle.  The cap 30 includes two               



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