Appeal No. 1998-2911
Application 08/314,345
device “comprises members arranged for controlled relative
movement in opposed directions in parallel planes
transverse to the direction of liquid passage within said
tubing.” In accompanying remarks, counsel stated that
Claim 1 submitted herewith differs slightly from
the wording of the proposed Claim 1 discussed
during the April 7, 1992 interview by the
recitation that the members of the deforming
means have controlled relative movement in --
parallel planes-- transverse to the direction of
fluid flow consistent with the fact that the
tubing is in fact deformed over a surface area
defined by parallel planes, not a single plane,
as otherwise suggested by the proposed claim
language discussed during the April 7, 1992
interview. Claim 2 is amended herewith to
incorporate the same changes added to Claim 1,
thereby to define more definitively the
patentably distinguishing structure of the
claimed deforming means of Applicants’ invention
[page 5].
Counsel added that
[a]s explained during the April 7, 1992
interview, none of the prior art references of
record, including the Yakich patent, teaches a
deforming means including members arranged for
controlled relative movement in opposed
directions in parallel planes transverse to the
direction of liquid passage, with the resulting
operation as recited in the amended Claims 1 and
6
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