Appeal No. 2004-0235 Page 5
Application No. 09/873,583
the mouth of the bottle. The dimensions if desired being such that the flange 7 is or
may be surrounded and held in position by the large end of the teat. Communication
between the chambers is effected by one or more passages 9 which connect the inner
face of the plug 6 next to the bottle chamber with the outer face and are controlled by a
one-way device or valve such as rubber disc 10 which moves in the manner of a flap to
open or seal the outer ends of the passages 9 at the appropriate times. The rubber
disc 10 is anchored to a central pin 11 via a peripheral groove 12. The inner end of the
pin 11 is provided with a retaining head 13.
The appellant argues (brief, pp. 8-9) that Hughes does not anticipate claim 30
since Hughes does not disclose the claimed central hub portion. We agree. Claim 30
requires the first valve to include, inter alia, a flexibly resilient first diaphragm member
having a central hub portion protruding from a surface opposite the first valve seat and
the second portion of the first locator to be disposed in the raised central hub portion of
the first diaphragm member. As clearly shown in Figures 1 and 4, Hughes' rubber disc
10 does not have the claimed central hub portion protruding from a surface opposite the
first valve seat and in which the second portion of the first locator is disposed. The
examiner's position (answer, p. 6) that the claimed flexibly resilient first diaphragm
member having a central hub portion is readable on Hughes' rubber disc 10 and the
rounded outer end of pin 11 (i.e., the end of pin 11 remote from the retaining head 13
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