Ex parte DANBY et al. - Page 5




                     Appeal No. 1998-2911                                                                                                                                              
                     Application 08/314,345                                                                                                                                            


                                U.S. Patent No. 4,549,860 to Yakich in view of U.S.                                                                                                    
                     Patent                No. 4,559,038 to Berg et al.                                                                                                                



                                B.  On April 7, 1992, the examiner held an interview with                                                                                              
                                          one of the applicants, Mr. Danby, and his counsel,                                                                                          
                     Mr.                             Kuesters.  The results of the interview were                                                                                      
                     recorded by           the examiner in an interview summary                                                                                                        
                     (Paper No. 18)                                                   which states in pertinent part                                                                   
                     that                                                                                                                                                              


                                           Claim 1 is to be amended to add that members are                                                                                            
                                           arranged for controlled relative movement in                                                                                                
                                           oppossed [sic, opposed] directions tranverse                                                                                                
                                           [sic, transverse] to the tube.  . . .  Claim                                                                                                
                                           language read over Yasich [sic, Yakich] and                                                                                                 
                                           German reference. Amendment will be entered.[4]                                                                                                     

                                C.  On April 8, 1992, applicants’ counsel filed a paper                                                                                                
                                (Paper No. 19) amending claims 1 and 2 to specify, inter                                                                                               
                                alia, that the deforming means of the claimed pumping                                                                                                  


                                4 The examiner identified the German reference elsewhere                                                                                               
                     in the interview summary as German document 2939212 which had                                                                                                     
                     been cited in an information disclosure statement filed March                                                                                                     
                     10, 1992 (Paper No. 17).                                                                                                                                          
                                                                                          5                                                                                            





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