Ex Parte Tribe et al - Page 6



         Appeal No. 2006-0242                                                         
         Application No. 09/920,728                                                   
                    We turn next to the examiner’s rejection of claims 4              
          and 8 under 35 U.S.C. § 103 as being unpatentable over Moberg.              


              Claim 4 recites:                                                        
                                   A pump                                             
                                   according to                                       
                                   Claim 1,                                           
                                   wherein the                                        
                                   pump is                                            
                                   arranged to                                        
                                   reverse the                                        
                                   drive until                                        
                                   force detected                                     
                                   by said force                                      
                                   sensor is                                          
                                   substantially                                      
                                   10% of the                                         
                                   force                                              
                         at which an occlution is detected                            
                         [emphasis added].                                            
                    The examiner recognizes that Moberg fails to                      
          specifically disclose the pump being arranged to reverse the drive          
          until force detected by the force sensor is substantially 10% of            
          the force at which an occlusion is detected, and the force applied          
          to drive                                                                    
the plunger is changed to reduce the detected force to substantially 10%              
          of the predetermined value.  However, in the examiner’s view,               
          the determination of the value of the force detected at which               
          the pump reverses direction may be determined by routine                    
          experimentation to determine the optimum result (Answer at 4).              
                                          6                                           


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