Appeal No. 1998-1970
Application No. 08/587,134
during the downward stroke of the piston in the pump body of
Tarnawski, the force needed to move the piston entirely to the
bottom of its stroke is necessarily reduced.
Dependent claim 14 on appeal differs from claim 13 in
that claim 14 specifically requires that the piston and pump
body are "substantially circular in cross section and said
piston has
a diameter which is less than a diameter of said pump body by
0.004 to 0.020 inches." The Examiner has failed to point to
any disclosure in Tarnawski as to the relative diameters of
the piston (32) and the cylindrical pump body (25), and we
find none. Therefore, we will not sustain the examiner’s
rejection of claim 14 under 35 USC 102(b).
In light of the foregoing, we sustain the examiner’s
rejection of claim 13 under 35 U.S.C. 102(b) and reverse the
examiner’s rejection of claim 14 under 35 U.S.C. 102(b) based
on Tarnawski. Accordingly, the decision of the examiner is
affirmed-in-part.
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