Ex Parte Sperry et al - Page 3




              Appeal No. 2005-1159                                                               Page 3                
              Application No. 09/760,189                                                                               


              rejections and to the brief (filed November 12, 2004) and reply brief (filed February 9,                 
              2005) for the appellants’ arguments thereagainst.                                                        
                                                      OPINION                                                          
                     In reaching our decision in this appeal, we have given careful consideration to                   
              the appellants’ specification and claims, to the applied prior art references, and to the                
              respective positions articulated by the appellants and the examiner.  As a consequence                   
              of our review, we make the determinations which follow.                                                  
                     Independent claim 1 recites a housing having an internal chamber and                              
              comprising an inlet for receiving a fluid product into the housing and being in fluid                    
              communication with the chamber, a discharge port through which fluid product may exit                    
              the housing, the discharge port having an interior surface and being in fluid                            
              communication with the chamber, and a valving rod comprising a central bore, at least                    
              one inlet in fluid communication with the bore for receiving cleaning solvent and one or                 
              more outlet ports in fluid communication with the bore and “being capable of directing                   
              cleaning solvent radially outwards from the bore and against said interior surface of                    
              said discharge port.”                                                                                    
                     In the dispensing system of Sperry ‘848, the cleaning solvent flows through                       
              solvent port 166 into solvent initial supply area 312 and enters the bore (non-                          
              interference fit area 318) within mixing chamber defining member 218, on which the                       
              examiner reads the “valving rod” recited in appellants’ claim 1, via radially extending                  
              passageway 256.  The solvent then flows down along elongated main section 288 of                         






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