Appeal No. 2005-1159 Page 5
Application No. 09/760,189
For the foregoing reasons, we cannot sustain the rejection of independent claim
1, or claims 2, 4-6, 8 and 9 which depend from claim 1, as being anticipated by Sperry
‘848. Inasmuch as the examiner’s rejections of claim 7 as being unpatentable over
Sperry ‘848 and claims 10, 11 and 13-19 as being unpatentable over Sperry ‘847 in
view of Sperry ‘848 are grounded in part on the examiner’s incorrect finding that Sperry
‘848 discloses the one or more outlet ports discussed above, it follows that we also
cannot sustain these rejections.
We turn our attention now to the rejection of claim 20 as being unpatentable over
Sperry ‘847 in view of Sperry ‘848. Claim 20 recites, inter alia, a housing having an
internal chamber, an internal reservoir, in the housing, in which cleaning solvent may be
contained, and a conduit providing fluid communication between the internal reservoir
and the discharge port, through which the fluid product may exit the housing, to deliver
cleaning solvent to the discharge port, the conduit positioned externally of the internal
chamber. As illustrated in Figure 28 of Sperry ‘848, the cleaning solvent 310 is
delivered to solvent initial supply area 312 through solvent introduction port 166 and
then flows down into non-interference fit area 318 and downwardly to the lower tip of
mixing chamber defining member 218. The only conduit for delivering cleaning solvent
positioned externally of the internal chamber within which the valving rod (mixing
chamber defining member 218) is movable is the line (not shown) which delivers solvent
to the solvent introduction port 166 on main body 148 and this conduit does not provide
fluid communication between the internal reservoir (solvent initial supply area 312 or
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