Ex Parte YAMAMOTO et al - Page 17




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



         Bendig and Takahashi as applied to claim 1 above, and further               
         in view of Dobilas, Junghans, Sukhin and Hughes, claim 38                   
         specifically claims the proximity of the vessel side wall to the            
         bottom of the pump shaft.  Claim 38 does not claim the specifics            
         of the resilient biasing member of claim 1, nor the mesh plate of           
         claim 28.  We will now discuss the prior art further relied upon            
         by the examiner.                                                            


                    Dobilas discloses a device for vaccinating and                   
         providing therapy to animals which includes an atomizer 13 and              
         a liquid vessel 3.  The upper ends of the liquid supply tubes 23            
         are attached to the atomizer and the lower ends extend into the             
         liquid vessel 3.  The single figure in this reference shows the             
         tubes 23 and their close proximity to the walls and bottom of               
         liquid vessel 3.                                                            


                    Junghans discloses an inhalation device that atomizes            
         the medicant housed inside vessel 4.  Figure 1 shows a tube                 
         extending into the vessel and the close proximity of the tube               
         to the walls and bottom of the vessel.                                      


                    Sukhin discloses an atomizer used in the medical field.          
         The single figure shows supply tubes 3 and 11 and their close               

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