Ex Parte YAMAMOTO et al - Page 13




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



         elastically prestressed on the atomizing disk 21 via the spring             
         (col. 2, lines 24-27).  The claims dependent from claim 1 should            
         also be reconsidered by the examiner on remand.                             


                    With regard to the examiner’s rejection of claim 28              
         under 35 U.S.C. § 103(a) as being unpatentable over Anthony,                
         Bendig and Takahashi as applied to claim 1 above, and further in            
         view of Maehara and Sugimoto, claim 28 is specifically directed             
         to an ultrasonic atomizer with a particular form of the mesh                
         plate.  The resilient biasing member and the liquid vessel                  
         penetrated by the lower end of the pump shaft of claim 1 are not            
         required in claim 28 on appeal.  We will now discuss the prior              
         art further relied upon by the examiner.                                    


                    Maehara discloses a liquid atomizer with an electric             
         vibrator.  This reference was primarily used by the examiner to             
         show the specifics of the nozzle base 27 (mesh plate) as shown              
         in Figures 4 and 5.                                                         


                    Sugimoto discloses a shower device having a nozzle               
         plate 4 which shows recesses between apertures 7 and peripheral             
         wall surfaces of the apertures projecting from the inlet side.              


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