Appeal Number: 2006-0965
Application Number: 10/827,051
Vreeland discloses (col. 1, ll. 32-34) that the base plate contains a plurality of
tapered holes for receiving perforated stoppers, and that the base plate is slidable
within recess 30 in the base 10. Thus we find from Vreeland that perforated
stoppers 29 are placed in the apertures 26-28 and that the base plate 25 is slidable
in recess 30 to allow for different size tapered apertures (col. 2, l. 20). From the
disclosure of sliding the base plate in the recess to permit a stopper in different
tapered apertures to receive a glass tube, we find that the disclosure of Vreeland
meets the claimed "plurality of stoppers switchably exclusively interposed between
said surface and said biasing device along said axis" as recited in claim 24. Note
that the "said surface" is recess 30 of base 10, and that the axis is the axis of the
glass tube 31. In addition, we find that recess 30 meets the claimed surface across
from the biasing device as the recess is across from the biasing device 18, 21, and
23. However, it is at this point that we part company with the examiner. Although
the surface 30 is across from the biasing device along the axis, claim 24 requires
more. The claim additionally recites that the surface is configured to oppose the
compression force. In Vreeland, the opposition to the compressive force is
provided by the surfaces of the stoppers that engage the glass tube. These surfaces
are part of the stopper, and not part of the surface that is across from the biasing
device, i.e., the recess 30. The stoppers are between the surface and the biasing
device, and are a separate element from the stoppers. Thus, we cannot rely upon
the perforations in the stoppers 29 to meet the claimed surface. In recess 30, we
find an aperture, unnumbered, in figure 1, which receives the glass tube. However,
even though the drawings are not drawn to scale, it appears that the glass tube goes
through this aperture without opposition.
From our review of Vreeland, we find no disclosure that this unnumbered
aperture in recess 30 is configured to oppose the compressive force. Accordingly,
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