Ex Parte SJAARDA - Page 12




                    Appeal No. 2001-2073                                                                                                                                  
                    Application No. 09/098,799                                                                                                                            


                    for forcing fluid along the central axis and out said first and                                                                                       
                    second apertures (col. 2, lines 35-40).  Thus, the tool of Amoils                                                                                     
                    is fully responsive to that defined in appellant's claim 9 on                                                                                         
                    appeal and anticipates that claimed subject matter.                                                                                                   


                    As for independent claim 13 on appeal, we observe that the                                                                                            
                    tool of Amoils (Fig. 1) includes a hollow tubular member or                                                                                           
                    housing (12) having a sidewall defining a longitudinal bore                                                                                           
                    provided with an aperture.  Like appellant's disclosure regarding                                                                                     
                    the embodiments of Figures 6A-7B, we read the "aperture" of claim                                                                                     
                    13 on appeal as corresponding to an open end portion of the                                                                                           
                    tubular housing (12) of Amoils at a cross section taken just                                                                                          
                    prior to (i.e., upstream of) the openings (26) therein.  As noted                                                                                     
                    above, the tool of Amoils further includes a means coupled to the                                                                                     
                    housing for forcing fluid along the central axis and out said                                                                                         
                    aperture and subsequently out the openings (26) downstream of the                                                                                     
                    aperture (col. 2, lines 35-40).  As for the "means secured to                                                                                         
                    said housing for diffusing the flow of the fluid exiting from                                                                                         
                    said aperture" set forth in the last clause of claim 13 on                                                                                            
                    appeal, we view this means in light of appellant's embodiments                                                                                        
                    seen in Figures 6A-7B as being readable on the portion of the                                                                                         
                    tubular housing (12) immediately downstream of the openings (26)                                                                                      

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