Appeal 2007-3154
Application 10/262,817
cylinder, especially one that conveys a fluid or functions as a passage.”5
Thus, we interpret “tubular member” as excluding a member that has a
rectangular cross-section, such as the pumping chamber (14 of Fig. 1a) of
the pump apparatus taught by Soltanpour. Moreover, we note that was the
initial understanding of the Examiner, as in the rejection, the Examiner
pointed to 17 and 17’ of Fig. 1a of Soltanpour as the tubular members, and
the geometry of 17 and 17’ is consistent with the definition of tubular
proffered by Appellants.
Thus, as Soltanpour fails to disclose 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,” the reference fails to teach every element and
limitation of claim 1 (on which the remaining claims depend), and the
rejection is reversed.
Claims 7, 12, and 13 stand rejected under 35 U.S.C. § 103(a) as being
obvious over Soltanpour. But as claims 7, 12, and 13 are dependent from
claim 1, the rejection is reversed for the reasons set forth above.
Claims 10, 11, 16, and 17stand rejected under Soltanpour as combined
with Adolf, and claims 15, 22, and 25 stand rejected under 35 U.S.C. §
103(a) as being obvious over the combination of Soltanpour and Kaneto. As
Adolf and Kaneto do not remedy the deficiencies of Soltanpour, these
rejections are also reversed.
5 tube. Dictionary.com. The American HeritageŽ Dictionary of the English
Language, Fourth Edition. Houghton Mifflin Company, 2004.
http://dictionary.reference.com/browse/tube (accessed: August 19, 2007).
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