Appeal No. 96-2267
Application 08/154,344
(1) must be sufficiently flexible to assure that if only a small
amount of fluid is to be discharged, the section upstream of the
fluid will close while that downstream will open (column 6, lines
2-5), and (2) the lips, if “very short, or somewhat inflexible,”
will not function properly (column 6, lines 9-13), it is improper
to speculate whether squeezing the edges of the lips would in
fact cause them to separate.
In light of the above, we will not sustain the examiner’s
rejection of the appealed claims as being unpatentable over
Gabbay.
The decision of the examiner is reversed.
REVERSED
IAN A. CALVERT )
Administrative Patent Judge )
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)
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LAWRENCE J. STAAB ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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JOHN P. MCQUADE )
Administrative Patent Judge )
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