Ex parte ROSENBERG - Page 8




          Appeal No. 97-0690                                                          
          Application No. 08/375,094                                                  


          of pulsating control chambers, with an                                      
          oscillating/reciprocating member in each of said chambers                   
          which                                                                       


          is rapidly oscillated by the flow of liquid into the                        
          respective pulsating control chambers to drive the liquid out               
          of the device in the form of pulses, as generally required in               
          appellant’s claim 1 on appeal.  Accordingly, in view of this                
          understanding of the operation of the device in Lockwood, we                
          find appellant’s                                                            
          arguments as set forth in the brief to be unpersuasive and we               
          will therefore sustain the examiner’s rejection of claim 1                  
          under 35 U.S.C. § 102(b).                                                   

          As for the examiner’s rejection of claims 9 and 11 under                    
          35 U.S.C. § 102(b), we note that page 5 of appellant’s brief                
          indi-cates that “claims 1, 9 and 11 are grouped together.”                  
          Thus, we conclude that claims 9 and 11 on appeal fall with                  
          claim 1.                                                                    

          To summarize our decision, we note that the examiner's                      
          rejection of claims 1 through 10 and 15 through 20 under 35                 
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