Appeal No. 1998-1418 Application 08/313,249 this appeal and will decide the issues on appeal based on those claims alone. With regard to the examiner’s rejection of claim 1 under 35 U.S.C. § 103(a) based on Anthony in view of Bendig and Takahashi, we note that Anthony discloses an ultrasonic spraying device having an ultrasonic source 2, a spray nozzle 5 having a free upper end 6 with a diaphragm 9 disposed thereon, and a liquid supply 8 entering transverse to the body of the spraying device. Anthony (col. 3, lines 36-42) also discloses that member 7a may be moved forward and rearward at least slightly relative to the body of the spraying device, and this allows the pressure with whcih [sic] diaphragm 9 is held against nozzle 5 to be varied. Adjusting this pressure modifies within large ranges the characteristics of the nebulized liquid discharged from the spraying device. Bendig discloses an ultrasonic atomizer having an ultrasonic source 10, a spray nozzle 20 having an atomizing disk 21 with a diaphragm 31 disposed thereon, and a liquid supply 19 also entering transverse to the body of the spraying device. In addition, Bendig discloses a spring biased cap 30 which encloses the atomizing disk 21 of the nozzle. The cap 30 includes two 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007