Ex parte ROBERTSON et al. - Page 8




          Appeal No. 2001-0735                                       Page 8           
          Application No. 09/135,390                                                  


                    Since the fluid is introduce into the closed casing               
               through the hollow main shaft or the pressurized fluid is              
               discharged through the hollow main shaft, the distance                 
               between the fluid introducing portion/pressurized fluid                
               discharging portion and the pressure chamber is longer as              
               compared with the conventional electromagnetic                         
               reciprocating pump, which produces a pulsation absorption              
               effect, and the pulsation sound of the fluid generated in              
               compression/attraction of the fluid less often leaks out,              
               which can contribute to the noise eliminating effect.                  



               The real issue presented in this appeal is whether or not              
          it would have been obvious at the time the invention was made               
          to a person of ordinary skill in the art to have reversed the               
          direction of the fluid flow in the vacuum unit of the Admitted              
          Prior Art in view of the teachings of Osada.  On this issue,                
          we find ourselves in agreement with the position of the                     
          appellant as set forth in the brief.  In our view, Osada, at                
          best, would have made it obvious at the time the invention was              
          made to a person of ordinary skill in the art to reverse the                
          direction of the fluid flow in a pump only if this would                    
          result in the pulsation of the pressurized fluid being                      
          smoothed by the resistance of a fluid passage similar to the                
          fluid passage 5A in Osada's hollow main shaft 5.  Since the                 
          plenum base 16 in the vacuum unit of the Admitted Prior Art                 







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