Ex Parte YAMAMOTO et al - Page 2




         Appeal No. 1998-1418                                                        
         Application 08/313,249                                                      



                                 DECISION ON APPEAL                                  

                    This is a decision on appeal from the examiner’s                 
         refusal to allow claims 28, 29, 31 through 33, 38 through 40                
         and 46 as finally rejected, and claims 1, 4, 8, 10, 11, 13                  
         through 15 and 20 through 22 as amended subsequent to the final             
         rejection in a paper filed October 18, 1996 (Paper No. 15).                 
         Claims 35 and 41 through 44 stand allowed.  Claims 2, 5, 12,                
         16, 18, 19, 30, 34, 36 and 37 and have been objected to by the              
         examiner.  Claims 6, 7, 9, 17 and 23 through 27 stand withdrawn             
         from consideration as being directed to non-elected inventions.             
         Claims 3 and 45 have been canceled.                                         


                    Appellants’ invention relates to an ultrasonic atomizer          
         (Figs. 1 and 2) comprising an ultrasonic pump 12 having a pump              
         shaft 21 with a bore therethrough.  A lower end of the pump                 
         shaft 21B is placed 2-3 mm from the side 65 or bottom 64 of the             
         liquid vessel 16, an upper part of the pump shaft 21A has a mesh            
         plate 14 placed thereon, and an ultrasonic vibrator 23 is mounted           
         substantially at a midpoint of the pump shaft.  A resilient                 
         biasing member 42 biases the mesh plate 14 toward the upper end             
         face of the pump shaft, wherein the mesh plate 14 intermittently            



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