Appeal 2006-1127
Application 10/712,970
second liquid through the valve structure to create a reduced pressure that
draws the first liquid out of the cartridge and into the valve structure without
the need for a dip tube.”
Appellants argue that “Norman teaches a system having a dip tube,
the tube 34” (Br. 10).
The Examiner’s position is described on pages 8-9 of the Answer as
follows:
[Claim 19] merely requires that the valve structure
“allow” the function “passage of the second liquid
through the valve structure to create a reduced
pressure that draws the first liquid out of the
cartridge and into the valve structure without the
need for a dip tube.” The expansion of flow from
passage 114 to passage 118 in [Norman’s] valve
structure 82 creates a reduced pressure and draws
the first liquid into the valve structure whether or
not the dip tube 34 is present. Merely removing
the dip tube 34 from the device of Norman does
not prevent the pressure reduction at orifice 116 in
figure 3A. As long as liquid is present at or
supplied to pin 28, the liquid flow through
passageway 112 will perform the function of
creating a reduced pressure that draws the first
liquid out of the cartridge and into the valve
structure.
In reply, Appellants argue:
[T]here is no teaching that Norman's device
functions . . . [without pickup tube 34 as the
Examiner contends] and there is no support cited
that the Norman device is even capable of such an
operation. The prior art is replete with liquid
containing cartridges hanging downwardly from a
sprayer and all have pickup tubes. This evidence
strongly suggests that one skilled in the art would
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