Ex Parte DRASLER et al - Page 10




             Appeal No. 2000-1359                                                              Page 10                
             Application No. 08/351,613                                                                               


             is precisely what is required by claim 82.  Since a characteristic of such pumps is to                   
             provide a largely pulsatile or periodic unsteady flow, this combination of references also               
             renders the subject matter of claim 83 obvious.  Finally, contrary to the appellants’                    
             assertions on page 8 of the Brief, claim 84 requires not that the pump provide a steady                  
             flow, but “a largely steady flow” (emphasis added).  Since the appellants have not                       
             pointed out a specific definition of this terminology, in which they utilize a term of                   
             degree, it is our view that the adjustable and variable operation and controls disclosed                 
             by Wallach would enable the pump to provide a flow that meets this condition.  The                       
             rejection of claim 84 also is sustained.                                                                 









                                                     SUMMARY                                                          
                    Both of the rejections are sustained.                                                             
                    The decision of the examiner is affirmed.                                                         













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