Ex parte SCHULZ - Page 5




          Appeal No. 97-1243                                                          
          Application 08/443,301                                                      


          art applied by the examiner and the respective positions                    
          advanced by the appellant in the brief and by the examiner in               
          the answer.  As a consequence of this review, we conclude that              
          appellant’s argument is not persuasive of error on the part of              
          the examiner in rejecting the appealed claim.  We therefore                 
          will sustain the examiner’s rejection.                                      
               With reference to the annotated copy of Fig. 7 of Stocker              
          found in the PTO translation, Stocker discloses a pump                      
          comprising an integrated electromagnetic valve (“Schaltventil”              
          or “on-off valve”), a pump diaphragm (“Pumpmembran” or “pump                
          membrane”), a pump space (“Obere Pumpkammer” or “upper pump                 
          space”) between the electromagnetic valve and the pump                      
          diaphragm, and a delivery space between the pump diaphragm and              
          first and second check valves (not labeled).  The delivery                  
          space is connected to ambient air via the left hand check                   
          valve and a supply conduit (“Atmosphäre (Filter)” or                        
          “atmosphere (filter)”) and to the absorptive filter of the                  
          tank system via the right hand check valve and a delivery                   
          conduit (“Aktivkohle - Filter” or “activated charcoal                       
          filter”).  Stocker further discloses a shut-off valve                       
          (“Absperrventil” or “cut-off valve”) between the supply                     
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