Ex parte RICHARDS - Page 6




                Appeal No. 98-0956                                                                                                         
                Application 08/385,331                                                                                                     


                the rejection, namely, “so as to allow the shape and characteristic of the sheet to be                                     
                change[d]” (answer, page 4) is insufficient to justify the combination.  Accordingly, we will                              
                not sustain the § 103 rejection of claims 1 or 8, or claims 3 to 7, 10 to 17 and 20 to 23 that                             
                depend from claim 1.                                                                                                       
                        Concerning the examiner’s § 103 rejection of claim 19 as being unpatentable over                                   
                Sokolov in view of Simmons, the Simmons reference does not render obvious what we                                          
                have found to be lacking in Sokolov, that is, “a single spray nozzle, containing within said                               
                nozzle a means for generating a spreading sheet of liquid” as called for in paragraph (a) of                               
                that claim.  Accordingly, the § 103 rejection of claim 19 also will not be sustained.                                      
                        Turning to the examiner’s § 103 rejection of claim 18 as being unpatentable over                                   

                Sokolov in view of Hobbs, claim 18 distinguishes over Sokolov in that it requires a fixed                                  

                target, placed in the stream of flowing liquid for generating the sheet of liquid.  The Hobbs                              
                reference relied upon by the examiner for this feature pertains to a fluid                                                 
                projection screen system comprising a fluid projection screen 23 formed by deflecting a                                    
                stream of water from a nozzle 38 off a fixed deflection plate 56.  A projector 18 projects an                              
                image upon the screen.  The Hobbs reference is no more pertinent to Sokolov than the                                       
                Simmons reference relied upon by the examiner in rejecting claim 1 et al.  As with the §                                   
                103 rejection discussed above, the examiner’s combination is based solely on appellant’s                                   
                disclosure and not on anything fairly suggested by the references themselves.                                              


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