Appeal 2007-4073
Application 10/739,417
1 6) Leaphart’s response to the Examiner’s First Office action identifies
2 the present ‘417 application as a continuation-in-part of the ‘515 application.
3 (First Office Action, p. 2, Amendment and Response dated June 24, 2005, p.
4 16).
5
6 B. The Prior Art
7 1. Leaphart, U.S. Pat. 6,862,753
8 7) Two of the inventors named on the application on appeal, J. Leaphart
9 and C. Leaphart, are the named inventors of the Leaphart ‘753 patent.
10 (Leaphart ‘753 front page).
11
12 8) Leaphart ‘753 describes its invention as follows:
13 An air plunger is described. The air plunger comprises an
14 upper barrel and a lower barrel slidably received by the upper
15 barrel. An air seal is fixed to the lower barrel and slidably
16 engages with the upper barrel. A nozzle is attached to the lower
17 barrel opposite to the upper barrel. A stop mechanism prohibits
18 the upper barrel from disassociating with the lower barrel.
19 (Leaphart ‘753, Abstract).
20
21 9) Leaphart ‘753 Figure 5 depicts a plunger having a seal as follows:
22
23
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