Ex parte MITCHELL - Page 6




          Appeal No. 1998-3336                                       Page 6           
          Application No. 08/527,788                                                  


          57)."  (Examiner's Answer at 7.)  The appellant argues, "[t]he              
          impellers utilized on the centrifugal pump of the Bartley                   
          reference are used to pump fluid through a piping system.  The              
          impellers are not rotating because of fluid flowing within a                
          piping system, and do not directly measure fluid flow."                     
          (Reply Br. at 2.)                                                           


               Claims 1, 3-5, and 7-9 specify in pertinent part the                   
          following limitations: "a measuring means for providing                     
          measurements of the inlet pipe volume of water per unit time,               
          said measuring means comprising a rotatable impeller ...."                  
          Similarly, claim 10 specifies in pertinent part the following               
          limitations: "a measuring means for providing measurements of               
          volume of inlet water per unit time connected to said inlet                 
          water supply, said measuring means including a rotatable                    
          impeller ...."  Accordingly, claims 1, 3-5, and 7-10 require a              
          rotatable impeller for measuring a volume of inlet water per                
          unit time.                                                                  


               The examiner fails to show a suggestion of the                         
          limitations in the prior art.  “Obviousness may not be                      







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007