Appeal No. 2003-0468 Page 4
Application No. 09/447,752
with either (1) a force of between 0.03 grams2 and 50.0 grams, (2) a pressure pulse rise
time of between 1 gram/second and 50,000 grams/second, or (3) a frequency of
between 1 Hz and 200 Hz.
The examiner admits that Bair does not explicitly disclose a pumping chamber
producing pressure pulses with a force of between 0.03 grams and 50.0 grams, a
pressure pulse rise time of between 1 gram/second and 50,000 grams/second, and a
frequency of between 1 Hz and 200 Hz. The examiner does take the position (answer,
pp. 3-4) that Bair inherently meets all three of the above-noted limitations. With respect
to the force of the pumping pulses being between 0.03 grams and 50.0 grams, the
examiner stated that
while these units [(i.e., grams)] are not directly comparable to the units of psig[3],
a force of 0.03 grams would be barely operable if at all, and a force of 50.0
grams would probably obliterate the eye. Thus, appellant again claims the entire
spectrum of forces usable in liquefraction.[4]
With respect to the force of the pumping pulses having a pressure pulse rise time of
between 1 gram/second and 50,000 grams/second, the examiner stated:
2 Grams is a unit of mass not a unit of force. While force is equal to mass times acceleration
(thus, a stationary object having a mass of 50 grams would exert a force of 49,000 dynes due to gravity
providing an acceleration of 980 cm/sec2), it is not clear to us that one skilled in the art would understand
what is meant by "a force of between 0.03 grams and 50.0 grams" since the liquid is being pumped and
most likely has an acceleration different than that of gravity.
3 Bair discloses (column 4, lines 9-11) that the pumped fluid may be at 300 psig or more and that
the maximum pressure developed during the pressure pulse may exceed 1000 psig.
4 The appellants have not disputed this statement.
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