Appeal No. 2004-1378
Application No. 09/761,724
established by the examiner. Indeed, as noted by the examiner,
appellants' specification attaches no criticality to the
particular lubrication pump used (see page 11 of specification,
lines 8-11). Appellants' preference for a gerotor pump would
seem to allay any suggestion of criticality.
In conclusion, based on the foregoing and the reasons well-
stated by the examiner, the examiner's decision rejecting the
appealed claims is affirmed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
)
)
CHARLES F. WARREN ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
)
ROMULO H. DELMENDO )
Administrative Patent Judge )
ECK:clm
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