Ex parte BUSSIERE - Page 3




          Appeal No. 98-1196                                                          
          Application 08/457,045                                                      


          as being unpatentable over French Patent '045 in view of                    
          French Patent '361 and Grund.                                               
               Reference is made to the appellant's brief (Paper No. 7)               
          and to the examiner's answer (Paper No. 8) for the respective               
          positions of the appellant and the examiner with regard to the              
          merits of this rejection.                                                   




               French Patent '045, the examiner's primary reference,                  
          discloses a ballpoint tip which is adapted to be mounted on a               
          pen                                                                         
          body having an ink reservoir.  As shown in the drawing                      
          figures, the tip includes an orifice with a circular rim                    
          opening into a tubular passage, a spherical ball adjacent the               
          circular rim, a flow metering valve means/body defining a                   
          plurality of axial cavities with the wall of the tubular                    
          passage and having a substantially planar forwardly facing                  
          surface contacting the rearwardmost surface of the ball, and                
          means for biasing the valve member into contact with the ball.              
          This fluid dispenser meets, or would have suggested, all of                 
          the limitations in independent claim 1 except for the one                   
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