Appeal No. 1997-4373 Page 7
Application No. 08/332,656
embodiment of Figure 1 [of Fujimori] shows all of the
limitations of these claims" (supplemental answer, page 2).
We do not find any illustration of a delivery valve at an
output port of the pump in Figure 1 or in the discussion of
Figure 1. While Figure 6 does illustrate structure in the
outlet port (43) of the fuel pump (1) which appears to be a
spring-biased check valve, Fujimori does not provide a
reference numeral for this structure or discuss any valve at
the output port. Thus, we cannot, with any degree of
certainty, ascertain whether the illustrated structure is a
valve. Under these circumstances we cannot agree with the
examiner that Fujimori anticipates the subject matter of claim
1.
It is well established that an anticipation rejection
cannot be predicated on an ambiguous reference. Rather,
statements and drawings in a reference relied on to prove
anticipation must be so clear and explicit that those skilled
in the art will have no difficulty in ascertaining their
meaning. See In re Turlay, 304 F.2d 893, 899, 134 USPQ 355,
360 (CCPA 1962).
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007