Ex Parte Sgourakes - Page 2




              Appeal No. 2003-1258                                                                        2               
              Application No. 09/745,757                                                                                  

              components a displacement rod having a cross hole and a passageway.  The cross hole has                     
              a first position wherein it vents an undesired fluid through the passageway to the outside of               
              the container.  In a second position the cross hole is outside the container.  Additional                   
              limitations are described in the following illustrative claim.                                              
                                                      THE CLAIM                                                           

              Claim 12 is illustrative of appellant’s invention and is reproduced below:                                  
                            12.  A fluid transfer apparatus comprising:                                                   
                                   a container having a first end and a second end and being made of a                    
                            substantially rigid material, said container having a substantially hollow bore               
                            extending therethrough from said first end to said second end, and at least                   
                            one opening for receiving and discharging fluid;                                              
                                   a first seal located at said first end;                                                
                                   a second seal located at said second end; and,                                         
                                   a displacement rod slidably inserted through an opening in one of said                 
                            first and second seals so that a portion of said displacement rod fits inside                 
                            said container, said displacement rod changing the displacement volume in                     
                            the container as said displacement rod is moved within said container, said                   
                            displacement rod further having a cross hole and a passageway, said cross                     
                            hole having at least a first position within said container to vent an undesired              
                            fluid through said passage way to the outside of said container and a second                  
                            position wherein said cross hole is outside the container wherein said cross                  
                            hole is not in fluid communication with the interior of said container to                     
                            control the venting of undesired fluids by the position of the displacement                   
                            rod.                                                                                          
                                            THE REFERENCE OF RECORD                                                       
              As evidence of obviousness, the examiner relies upon the following reference:                               







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