Appeal No. 1998-1418
Application 08/313,249
The decision to the examiner is affirmed-in-part.
In addition to the foregoing, we find it further
necessary to REMAND this application to the examiner to consider
claim 38 with regard to a rejection under 35 U.S.C. § 112 (1),
directed to the limitation “such that a closest distance between
the lower end of said pump shaft and the side surface of said
liquid vessel is about 2-3 mm.” Page 36 of the specification
states that “the distance between the lower end face of the
pump shaft 21 and the bottom of the recess 66 is on the order of
2-3 mm, and the distance between the rear wall 65 and the part
of the peripheral surface of the lower end of the pump shaft 21
that is nearest to the rear wall 65 is on the order of 1 mm.”
Clearly, there is no basis in the specification for the claimed
limitation of the distance between the side surface of the
liquid vessel and the lower end of the pump shaft to be about
2-3 mm.
In addition to affirming the examiner's rejection of
one or more claims, this decision contains a remand. 37 CFR
§ 1.196(e) provides that
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