Appeal No. 2001-0342 Page 11
Application No. 08/677,707
Independent claim 1 reads as follows:
A drain plunger for creating a suction force within
a drain, said plunger comprising:
a) a handle;
b) a bellows coupled to the handle; and
c) a flexible annular sealing rim coupled to the
base of the bellows, the sealing rim defining a central
space which opens to the interior of the bellows, and
wherein the sealing rim is capable of allowing air to
escape from the interior of the bellows during
compression of the bellows.
This rejection is based upon Figure 8 of Tash and the
examiner's determination that (answer, pp. 5-6) Tash's sealing
rim 45 is capable of allowing air to escape when sufficient
pressure is created in the bellows to overcome the sealing
effect of the rim around a drain opening.
The appellant's argue (brief, p. 10) that Tash does not
describe the claimed sealing rim (i.e., a sealing rim which is
capable of allowing air to escape from the interior of the
bellows during compression of the bellows). We agree. In
that regard, it is well-settled that under principles of
inherency, when a reference is silent about an asserted
inherent characteristic, it must be clear that the missing
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