Furthermore, we note that absent structure capable of
performing the functional limitations of the means being
claimed, the prior art cannot meet the claims. In re Mott,
557 F.2d 266, 269, 192 USPQ 305, 308 (CCPA 1977). Here, the
examiner has not explained how the nozzle plate means (10)
having a plurality of annular nozzles are able to apply
atomizing fluid to the inner wall of cup means (90) of
Bourdeau. Nor has the examiner recognized this difference and
explained why the difference would have been obvious to one of
ordinary skill in the art. Therefore, we determine that the
examiner has not set forth a prima facie case. Hence, we
reverse the rejection of record.
CONCLUSION
The art rejection of record is reversed.
REVERSED
BRADLEY R. GARRIS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
ROMULO H. DELMENDO ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
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