Ex parte PARKER - Page 8




          Appeal No. 97-0970                                                          
          Application 08/307,348                                                      


          axially away from the port plate 36,” rotating 90 degrees                   
          about the longitudinal housing assembly axis (70) and then                  
          shifting                                                                    
          back into engagement with the port plate (36).  In the                      
          paragraph bridging pages 15 and 16 of appellant’s                           
          specification, it is again emphasized that the valve member                 
          (24) is unseated and shifted axially away from the port plate               
          (36), with the result that the valve member is “freely                      
          rotatable relative to the guide member 72 and slide 102 so                  
          that negligible frictional resistance to valve member rotation              
          about the axis 70 exists.” Like appellant, we note that there               
          is nothing in the disclosure of the Van Allen patent                        
          concerning the valve member (38) therein being “unseated” in                
          the manner required in appellant’s disclosed and claimed                    
          invention, i.e., there is nothing in Van Allen from which                   
          to conclude that the patent discloses anything other than                   
          merely                                                                      
          reducing the down force applied to the valving member and                   
          rotating the valving member while the reduced force is applied              
          to it and the seal desired in Van Allen (col. 2, lines 32-35)               
          is maintained.                                                              
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