Appeal No. 97-2884
Application 07/824,855
Cohen discloses a fluid dispenser having a platen in the form
of rigid flat plate 42 and a second shell or chamber in the
form of elongate body portion 12. Body portion 12 defines a
“bottom” contour at the end portion thereof which supports
protruding needle 20. The examiner’s finding that Cohen’s
plate 42 has a “non-planar” bottom surface configuration which
is “complementary” to the bottom contour of the body portion
12 (see pages 3 and 4 in Paper No. 23, and pages 5 and 6 in
the answer) is inconsistent with (1) Cohen’s teaching that
plate 42 is “flat” and (2) a reasonable interpretation of the
word “complementary.”
As for the 35 U.S.C. § 103 rejection of claims 58, 60 and
61 as being unpatentable over Cohen or Malacheski in view of
Gangemi, neither of the primary references, Cohen or
Malacheski, meets the limitations in these claims requiring
the platen to have a non-planar bottom surface configuration
which is complementary to the bottom contour of the second
shell or chamber. Cohen’s deficiencies in this regard are
discussed above. Malacheski discloses a fluid dispenser
comprising a platen in the form of a flat disc-like piston 41
having a planar bottom surface configuration which clearly is
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