Appeal No. 1998-1970
Application No. 08/587,134
in appellants’ claim 13 on appeal.
In addition, like the examiner (answer, pg 5), we are of
the view that Figure 3 of Tarnawski clearly shows a clearance
between the piston and the pump body which would allow some
water in the bottom portion of the pump body below the upper
edge of the spout (38) to be pushed past the piston into the
cylindrical portion of the pump body as a consequence of the
piston moving downward past the intersection of the
cylindrical portion of the pump body (25) with spout (38).
Because "some water" escapes past the piston
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