Ex Parte Sperry et al - Page 4




              Appeal No. 2005-1159                                                               Page 4                
              Application No. 09/760,189                                                                               


              purge rod 270 and flows radially out through ports 234, 236 and then downwardly along                    
              the outer surface of mixing chamber defining member 218 and downwardly through the                       
              bore within the mixing chamber defining member 218 to the lower tip of the mixing                        
              chamber defining member 218.                                                                             
                     The appellants argue that Sperry ‘848 lacks outlet ports “capable of directing                    
              cleaning solvent radially outwards from said bore against said interior of said discharge                
              port” as called for in claim 1 and we agree.  The only ports in the mixing chamber                       
              defining member 218 of Sperry ‘848 capable of directing cleaning solvent radially                        
              outwards from the bore are injection ports 234, 236.  These ports are located above the                  
              chemical internal passageways 176, 178 through which chemicals A and B are                               
              introduced into the interior of the housing (main body 148) of the dispenser and cannot                  
              reasonably be considered to be directing cleaning solvent radially outwardly against the                 
              interior surface of the discharge port through which the chemicals may exit the housing.                 
              The examiner reads the “discharge port” on opening 153 of main body 148 and the                          
              appellants do not challenge this.  We note, however, that the chemicals never enter                      
              opening 153 but, rather, flow from passageways 176, 178 directly into the bore within                    
              the mixing chamber defining member 218 through ports 234, 236.  Accordingly, the                         
              “discharge port” of claim 1 would appear to read on the exit end of said bore, not the                   
              opening 153.  As illustrated in Figure 28, the solvent is directed longitudinally                        
              downwardly along the interior surface of the bore at its exit end, not radially outwardly                
              as called for in claim 1.                                                                                






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