Ex Parte Couvillon, et al - Page 2

               Appeal  2007-3154                                                                            
               Application 10/262,817                                                                       
               under 35 U.S.C. § 6(b).  Claim 1 is representative of the claims on appeal,                  
               and reads as follows:                                                                        
               1. A pump apparatus comprising:                                                              
                      (a)  a tubular member comprising an electroactive polymer actuator                    
               that is configured to expand and contract at least a portion of an inner                     
               volume of said tubular member based upon received control signals; and                       
                      (b)  a control unit electrically coupled to said actuator and sending                 
               said control signals to said actuator.                                                       
                      The Examiner relies upon the following references:                                    
                      Adolf   US 5,250,167  Oct. 5, 1993                                                    
                      Kaneto  US 5,556,700  Sep. 17, 1996                                                   
                      Soltanpour  US 6,682,500 B2  Jan. 27, 2004                                            
                      We reverse.                                                                           
                                              DISCUSSION                                                    
                      Claims 1-6, 8, 9, 14, 18, 19, 21, 24, and 32 stand rejected under 35                  
               U.S.C. § 102(e) as being anticipated by Soltanpour.                                          
                      According to the Examiner,                                                            
                            In the specification and figures, Soltanpour discloses the                      
                      device as claimed by Appellant.  In particular, Soltanpour                            
                      discloses a pump apparatus 10 comprising tubular members 17,                          
                      17', an enclosed housing 11, an electrically actuated diaphragm                       
                      20 (comprised of multiple ionic polymer metal composites) that                        
                      expands and contracts in response to electrical signals from                          
                      electrodes 22, 24, controlled by a voltage source and computer                        
                      controller 43 that can display sensed operational parameters                          
                      (see FIG la, columns 4-6). The pump further comprises                                 
                      check/control valves 16 and 18 between the inlet and outlet,                          
                      respectively, of the pump apparatus and the pumping chamber.                          
                      The Soltanpour device varies the inner volume of pumping                              
                      chamber 14, forcing fluid through the valves to generate a                            
                      pumping action.                                                                       
               (Answer 4-5.)                                                                                

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