Ex Parte Schell et al - Page 5




              Appeal No. 2005-1204                                                                Page 5                
              Application No. 10/057,476                                                                                



              reference in an obviousness rejection.  An inventor may well have been motivated to                       
              consider the reference when making his invention."  Id.                                                   


                     Page 8, paragraph [0047] of the appellants' specification informs us that the                      
              particular problem with which the appellants were involved was providing a trigger lock                   
              mechanism 26 "for preventing undesired triggering of main trigger 21."                                    


                     Foster teaches (column 1, line 34, to column 2, line 4) that:                                      
                            An object of the present invention is to provide a child-resistant pump                     
                     dispenser which overcomes the disadvantages associated with conventional                           
                     pump dispensers. Another object is the provision of a pump dispenser having                        
                     child-resistant features which are not easily operated by a child, but which are                   
                     easily operated by an adult. A further object of the present invention is the                      
                     provision of a child-resistant pump dispenser which is capable of releasably                       
                     preventing movement of the trigger and pump mechanism. Yet another object of                       
                     the present invention is the provision of a child-resistant pump dispenser which is                
                     relatively low in cost and which is relatively simple in construction.                             
                            In general, a child-resistant liquid dispenser of the present invention                     
                     comprises a dispenser body, a pump mechanism, a first locking mechanism, and                       
                     a second locking mechanism. The dispenser body has an fluid intake port and a                      
                     fluid discharge port. The pump mechanism is adjacent the dispenser body and                        
                     includes a moveable member. The moveable member is moveable relative to the                        
                     dispenser body between first and second positions along an axis. The pump                          
                     mechanism is configured to draw liquid into the intake port and discharge it                       
                     through the discharge port upon movement of the moveable member between its                        
                     first and second positions. The first locking mechanism is adjacent the pump                       
                     mechanism and dispenser body and is moveable between locked and unlocked                           
                     positions. The first locking mechanism is engageable with both the moveable                        
                     member of the pump mechanism and the dispenser body when the first locking                         
                     mechanism is in its locked position in a manner to prevent movement of the                         







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