Ex parte MACK et al. - Page 10




          Appeal No. 1999-1080                                                        
          Application No. 08/681,022                                                  


          and out of contact with the valve seats as do the appellants’               
          valves.  See brief, p. 7.                                                   
               We do not agree with the appellants’ argument that                     
          Moore’s valves are not capable of performing the function                   
          recited in claim 18.  Obviously, the valve [28] of Moore must               
          be in contact with its seat, in the same sense that the                     
          appellants’ valve [45 or 49] is in contact with its seat, when              
          the valve is closed in order for Moore’s dispenser to function              
          as intended.  We also understand Moore as teaching that valve               
          or disc [64] is fully opened during depression of actuator                  
          [74] in order for product within chamber [26] to move upward                
          past disc [64].  Therefore, the examiner's determination that               
          the valves disclosed by Moore are capable of performing the                 
          function recited in claim 18 appears reasonable to us.                      
               With respect to claim 19, the appellants argue that in                 
          Moore the entire spout portion moves during pumping and that                
          no separate activator is in communication with the pump                     
          piston.  Id. at p. 8.                                                       





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