Appeal No. 98-1042
Application 08/449,069
the actuating means and conducting means recited in claim 5.
As correctly pointed out by the appellant, the pathway 30
conducts liquid to the side of the push button 26, rather than
to its outermost end as required by claim 5. The examiner has
not explained, nor is it apparent, why one of ordinary skill
in the art would have found it obvious to modify the British
pathway 30 so as to have it conduct liquid to the outermost
end of the push button 26. The examiner's apparent position
that the entire push button 26 constitutes the outermost end
of the British actuating means is inconsistent with any
reasonable attempt to read the claim limitations in question
on the structure disclosed by the reference.
Thus, the British reference does not teach and would not
have suggested the subject matter recited in claim 5, or in
claims 21 and 23 which depend therefrom. Accordingly, we
shall not sustain the standing 35 U.S.C. § 103 rejection of
these claims.
The decision of the examiner is reversed.
REVERSED
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