Ex Parte YAMAMOTO et al - Page 9




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



         mutually concentric parts 32 and 33.  A helical compression                 
         spring 36 is mounted to cap 30 between the two cap parts 32, 33             
         and functions to bias the diaphragm 31 against the atomizing                
         disk 21.                                                                    


                    Takahashi discloses an ultrasonic wave nebulizer for             
         converting liquid water to mist.  An elongated pump shaft 1 has             
         an upper horn 30 capped with a mesh 235, an ultrasonic source               
         10A, 10B mounted substantially at a midpoint of the length of the           
         pump shaft 1, and a liquid vessel 300 penetrated by the lower end           
         of the pump shaft 1.                                                        


                    It is the examiner’s position that both Anthony and              
         Bendig teach the criticality of contact between the mesh plate              
         and the horn and that Anthony “teaches a device as limited and              
         defined by the broad recitations of claim 1 with the exception              
         of the pump shaft penetrating the liquid reservoir” (final                  
         rejection, pg. 4).  The only modification of Anthony urged by               
         the examiner is that                                                        
                    Takahashi et al. teach a similar ultrasonic                      
                    atomizer where the liquid reservoir is                           
                    penetrated by the pump shaft.  Given that                        
                    both arrangements can centrally feed the                         
                    liquid to the horn, it would have been                           


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