Ex Parte Benoist - Page 6



          Appeal No. 2004-1419                                                        
          Application 09/733,041                                                      

          substance feed channels (46) opening out into a swirling chamber            
          (42) communicating with an outlet orifice (44), we find no                  
          disclosure in this reference of a specific example that falls               
          within the claimed ranges set forth in claim 1 on appeal.  In               
          that regard, we consider that although Lund indicates that the              
          individual vane exit area (EA) may generally be within the range            
          of about 0.02 mm2 and about 0.07 mm2 (col. 5, lines 62-64), and             
          makes mention of a nozzle insert which has at least two spaced              
          grooves or vanes (col. 4, lines 42-45), it also expressly seeks             
          to provide an atomized liquid spray from a manually-actuated pump           
          dispenser having a 40 micron or less mean particle size with a              
          required activation liquid pressure below 200 psig.  To that end,           
          Lund expresses a preference for an atomizing nozzle having a                
          cumulative vane exit area (i.e., a summation of the individual              
          vane exit areas EA) in a range of between about 0.18 mm2 and                
          about 0.36 mm2, a swirl chamber diameter CD in a range of between           
          about 1.3 mm and about 2.0 mm and a discharge orifice diameter of           
          about 0.35 mm so as to obtain the desired spray at the specified            
          activation pressure level.  See, e.g., col. 2, line 53 through              
          col. 3, line 8 and col. 6, lines 5-17 of Lund.                              


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