Appeal No. 1999-0953
Application No. 08/576,618
1, which require two different thicknesses. Moreover, since
the inner section 28 of Murphy is expressly stated to be
thinner than the peripheral outer section 27, sections 28 and
27 of Murphy have precisely the opposite thickness
relationship as is called for in claim 1. Accordingly, we
cannot accept the examiner’s first rationale, namely, that
claim 1 does not structurally define over Murphy.
As to the examiner’s alternative theory of obviousness,
Laauwe pertains to an applicator for a viscous product
comprising a valve head having a thin flat wafer 4
stationarily supported by a set of spokes 5, and an
elastically deflectable diaphragm 7 having a central opening 8
and an annular hinge in the form of a pleat P or reduced wall
thickness R connecting the diaphragm to a depending flange 9.
Laauwe describes the operation of the valve head as follows:
. . . [The] hinging action [of P or R] results in
the diaphragm extending from the annular hinging
portion to the central opening 8, moving with a
swinging action when the product to be dispensed is
pressurized by squeezing of the bottle, resulting in
the diaphragm’s opening having a slight swinging or
wiping action with respect to the valve seat formed
by the wafer 4.
6
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