Ex parte CAMERON et al. - Page 7

          Appeal No. 1998-1970                                                        
          Application No. 08/587,134                                                  

          evidence of a non-clearance relation between the piston and                 
          the cylinder (brief, pp. 5-6.)                                              

               We do not find either of appellants’ arguments                         
          convincing.  Reviewing the Tarnawski patent and comparing the               
          subject matter thereof to that set forth in appellants’ claim               
          13 on appeal, we are in agreement with the examiner’s position              
          that the sanitary toilet defined in appellants’ claim 13 is                 
          anticipated by the sanitary water closet of Tarnawski.  We                  
          agree with the examiner that "the Tarnawski piston moves                    
          relative to the cylinder . . . and therefore must have some                 
          <clearance relation’ therewith.".                                           
          (Answer, pg 4.)  It is clear to us that a person of ordinary                
          skill in the art would know that in order for a piston to move              
          relative to the cylinder, some "clearance" inherently exists                
          between the pump body and the piston to allow such movement.                
               We are not convinced by appellants’ argument that                      
          Tarnawski does not inherently disclose a pump with a clearance              
          piston.  In our opinion, the fact that Tarnawski provides an                
          opening (37) through which water is returned back in the tank               
          (col. 2, lines 18-23) supports the conclusion that "some"                   

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