Appeal 2006-1127
Application 10/712,970
channel 112 via conduit 80 (Figure 3; col. 3, ll. 16-19, 40-43) and an inlet
port 116 to allow passage of the fluid in cartridge 10 (Figure 3; col. 3, l. 66
to col. 4, ll. 1-4). Valve 82 is manually rotated “by turning selector valve
switch knob 120 which is attached to valve neck 122.” (col. 3, ll. 56-57).
Norman’s selector valve 82 is disclosed to be rotatable between a cleaning
mode (Figure 3A) and a rinsing mode (Figure 3B). The cleaning mode
allows for passage of the cartridge 10 fluid and of water to form a mix that
will be dispensed through the fluid nozzle conduit 94 (col. 4, ll. 7-9). The
rinsing mode allows for the passage of just the water (col. 4, ll. 43-52).
We refer to the Examiner’s exposition of the rejection in pages 3
through 14 of the Answer and proceed to address the issues before us.
We first address independent claim 1. Appellants argue that Norman
does not disclose the claim limitation “cartridge containing a first liquid . .
. [being] oriented such that gravity exerts a downward force on the first
liquid" (Br. 8). According to Appellants:
The claimed cartridge 12 is oriented to enable
gravity assisted flow of the first liquid from the
cartridge which in combination with the low
pressure created by the water flow at the Venturi
location . . . facilitates flow of the first liquid out of
the cartridge. The orientation of the cartridge
eliminates the need for any internal tube such as
the tube 34 disclosed in Norman [id.].
The Examiner responds that “[a]ny object subjected to gravity by
definition experiences a downward force . . . . The recitation [in the claim]
does not in any way define the orientation of the cartridge or that gravity
assists the flow of the first liquid” (Answer 16).
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