Appeal No. 2000-1230
Application No. 08/717,904
as being generic to the species of Figs. 3 and 5 to 7. As
discussed previously, the recitation of claim 3 that the valve
element is mounted "interiorly" of the holding tank is
readable on the species of Figs. 5 to 7 because the valve
element 153 of that species opens into the tank 17. However,
as shown in Fig. 3, the valve element 44 of the species of
Fig. 3 does not open into the tank, but rather, like Kinsey’s
valve element N, "opens and closes completely exteriorly" of
the tank (reply brief, page 3). Thus, since the valve element
of the species of Fig. 3 is not "mounted interiorly of . . .
said holding tank," as recited in claim 3, claim 3 is not
generic to both species.
Conclusion
The examiner’s decision to reject claims 1 to 3, 12 to 15
and 21 is affirmed as to claims 1, 2, 12 to 14 and 21, and is
reversed as to claims 3 and 15.
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