Ex parte GIORDANO et al. - Page 5




          Appeal No. 96-3920                                                          
          Application 08/151,891                                                      


          vent hole in the flexible walls of the body.  The method of                 
          independent claim 8 requires, inter alia, a barrel having                   
          flexible sidewalls defining an ink reservoir, and a vent in a               
          location in the sidewalls where the sidewalls can be flexibly               
          displaced.  The method of independent claim 10 requires, inter              
          alia, a barrel                                                              




          having flexible sidewalls while defining an ink reservoir, and              
          a vent in the sidewalls in a location in the sidewalls where                
          the sidewalls can be flexibly displaced.                                    

               We turn now to the evidence of obviousness.                            

               The examiner relies upon the German document for its                   
          disclosure in an abstract appended to the face thereof.  The                
          pertinent language in the abstract being “Pressure is exerted               
          on the outer housing to exude the colouring through the pen”.               
          The examiner apparently did not obtain a translation of this                
          foreign language reference during the examination of this                   
          application. However, we note that a translation of the                     
          document was submitted by appellant as an attachment to Paper               
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