Appeal No. 97-1243
Application 08/443,301
conduit. See PTO translation, page 9, lines 14-17 (“The
spring in the lower shut-off membrane chamber causes the shut-
off valve to be closed for the diagnosis. The membrane
remains above the plunger during the entire diagnosis process
so that the valve cannot open.” (emphasis added)).
As to the shut-off valve limitation of claim 1 argued by
appellant as patentably distinguishing over Stocker, as we see
it, since the shut-off valve of Stocker “[is] closed for the
diagnosis” (PTO translation, page 9, line 13), so that, for
the entire diagnosis process, “the valve cannot open” (PTO
translation, page 9, line 14), it reasonably appears that
Stocker’s pump will function in the manner called for in the
claim, namely, such that when the shut-off valve is closed, as
during diagnosis, the pumping action of the diaphragm will
cause ambient air drawn into the delivery space via the supply
conduit and the left hand check valve to be delivered via the
right hand check valve and the delivery conduit to the
absorptive filter of the tank system. Accordingly, we hold
that Stocker’s pump meets the requirement of claim 1 that
“when the shut-off valve . . . is closed, ambient air induced
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