Appeal No. 1998-3004 Page 7
Application No. 08/290,590
The appellants argue (brief, pp. 5-8, and reply brief,
pp. 1-2) that Schlesinger does not disclose a breakable
reservoir as set forth in the claims under appeal.
Specifically, the appellants maintain (brief, p. 7) that a
breakable reservoir is "clearly a part in which liquid is held
until it is broken whereupon the liquid is released
therefrom."
The examiner asserts (answer, pp. 2-3) that "inherently,
the reservoir (wick) of Schlesinger is breakable by manual
means."
Thus, the issue presented in this appeal by the
appellants and the examiner is whether the claimed
"selectively breakable reservoir" is readable on the reservoir
in which Schlesinger's
liquid poison is kept (i.e., the chamber formed by
Schlesinger's wick 5, base 1, and cover 7).
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