Appeal No. 2002-1666
Application 09/394,289
The extension 32 is formed with a circular discharge
port 49 inwardly from which extends a taper bore 51.
The fitting 48 is in the form of a threaded cap
adjustable on the inner end of the inner tube 11 and
having an axial discharge port 52. Such a fitting 48,
being axially shiftable on the tube 11, serves a two-
fold purpose. It regulates the air stream emitted from
the one part of the hereinafter described dual-
structured nozzle 16 and, also, influences the
discharge of the viscous substance from the tube 11,
into the chamber 44 in the extension 32, as indicated
by the arrows at C in FIG. 4 [column 2, line 69,
through column 3, line 10]
In applying Black to reject claim 1 (see pages 3 and 4 in
the answer), the examiner finds correspondence between Black’s
fitting 48 and nozzle extension 32 and the “fluid tip” and “air
cap” recited in the claim. Conceding that Black’s fluid tip or
fitting 48 does not include a circular shaped member having flats
formed thereon to define gaps between the air cap and the
circular shaped member as required by the claim, the examiner
concludes that “[i]t would have been obvious to a person having
ordinary skill in the art at the time of the invention to have
added flats to the fluid tip of Black to accommodate a wrench”
(answer, page 4). The examiner, however, has failed to advance
any evidentiary basis to support this bald conclusion. Moreover,
even if such a modification were made to the Black device, the
resulting structure would still lack response to the claim
limitation calling for the circular shaped member to abut the
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Last modified: November 3, 2007