Appeal No. 2001-1418
Application 08/022,822
THE REJECTIONS
Claims 39 through 41, 51 and 52 stand rejected under 35
U.S.C. § 112, first paragraph.
Claims 39, 41, 51 and 52 also stand rejected under 35 U.S.C.
§ 102(b) as being anticipated by U.S. Patent No. 4,149,541 to
Gammons et al. (Gammons).
Attention is directed to the appellant’s main and reply
briefs (Paper Nos. 41 and 43) and to the examiner’s answer (Paper
No. 42) for the respective positions of the appellant and the
examiner with regard to the merits of these rejections.
DISCUSSION
I. The 35 U.S.C. § 112, first paragraph, rejection
This rejection rests on the following analysis by the
examiner:
[t]he originally filed specification does not
disclose how to effect the device claimed in claims 39
and 51. With regard to claim 39, there is no
disclosure as to how to construct the device such that
the manifold has an undulating wall which is oriented
and dimensioned to decrease in dimension to the same
degree that the width of the channels decreases upon
pressurization of the structure. With regard to claim
51, there is no disclosure as to how to construct the
device such that it has an undulating line to form a
chamber which communicates with the channel, and also
inflates and decreases in lateral dimension upon
pressurization, the undulating line being oriented and
dimensioned to make the decreases in lateral dimension
substantially equal in the channel and in the chamber.
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