Appeal No. 2003-0468 Page 9
Application No. 09/447,752
each of Bair's pulses is caused by actuation of the actuating valve6 and therefore does
not have a set frequency. Moreover, it is not clear to us that the structure of Bair's
pumping chamber is capable of providing a new pressure pulse in one second or less.
Accordingly, a frequency of between 1 Hz and 200 Hz is not a natural result flowing
from the operation as taught by Bair.
For the reasons set forth above, the decision of the examiner to reject claims 1
to 3, 6 and 7 under 35 U.S.C. § 102(e) as being anticipated by Bair is reversed.
CONCLUSION
To summarize, the decision of the examiner to reject claims 4 and 5 under
35 U.S.C. § 102(e) is affirmed and the decision of the examiner to reject claims 1 to 3, 6
and 7 under 35 U.S.C. § 102(e) is reversed.
6 The actuating valve may comprise a pneumatic switch on the handpiece, or a footswitch
coupled by tubing to the port 39.
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