Appeal No. 98-1042
Application 08/449,069
chambers 14, 16 separated by a transverse discoidal
wall 18. The first chamber 14 houses a conventional
tubular ink supply 20 for a ball point 22 extending
through a pointed nozzle 24 of the chamber. The
nozzle 24 will usually be covered by a conventional
cap with clip (not shown).
The other chamber 16 has at its end remote from
the wall 18, in a screwed bush 19, a push button 26
which operates a reciprocating pump generally
designated 28. The push button 26 has a pathway 30
from the chamber 16 ending in an outlet 32. In use
the chamber 16 will contain perfume and the action
of depressing the push button is intended to release
a spray of perfume from the chamber 16 [page 2, line
26, through page 3, line 14].
According to the examiner, "[t]he claims appear to be
substantially readable on the British Patent. . . . Element
#26
is the outermost end" (answer, pages 2 and 3).
The appellant, on the other hand, submits that
[i]n the invention, as set forth in claim 5,
"the actuating means has a finger-engageable
outermost end, and means for conducting liquid to
said outermost end." The British patent discloses a
combination ball-point pen and spray device in which
the finger-engageable push-button 26 has an internal
pathway 30 ending in an outlet on the side of the
push-button [brief, page 4].
From this perspective, the appellant argues that
[t]he rejection nowhere makes out a prima facie
case of obviousness. Specifically, it does not show
where in the prior art there is a suggestion to
modify the reference by arranging the fluid passage
so that it conducts liquid to the outermost end of
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Last modified: November 3, 2007