Ex parte MAIER et al. - Page 2




                     Appeal No. 97-3193                                                                                                                                                
                     Application 08/467,326                                                                                                                                            


                     Claims 2 and 3, the only other claims remaining in the application, have been allowed.2                                                                           
                                Appellants’ invention pertains to a perforated spray disk for use in an injection valve                                                                
                     of a fuel injection system for an internal combustion engine.  The disk has at least one                                                                          
                     spray opining having a frustoconical form that flares in the downstream direction.  This                                                                          
                     shape is said to minimize variations in the volume of medium flowing through the openings.                                                                        
                     Independent claim 1 is illustrative of the appealed subject matter and reads as follows:                                                                          
                                1. A perforated spray disk for a valve having a lengthwise valve axis and a fluid flow                                                                 
                     direction, comprising:                                                                                                                                            
                                an upper surface;                                                                                                                                      
                                a lower surface;                                                                                                                                       
                                            [3]                                                                                                                                        
                                a metal  spray disk central region, the central region having at least one spray                                                                       
                     opening;                                                                                                                                                          
                                the at least one spray opening being formed by electrical discharge machining and                                                                      
                     having a frustoconical form which expands in the flow direction around an opening axis, the                                                                       
                     at least one spray opening frustoconically extending from the upper surface to the lower                                                                          
                     surface; and                                                                                                                                                      


                                2An amendment filed subsequent to the final rejection on December 9, 1996                                                                              
                     (Paper No. 21), wherein claim 2 was rewritten in independent form and claim 3 was                                                                                 
                     amended to depend from claim 2, has been entered.  See the advisory letter mailed                                                                                 
                     January 3, 1997 (Paper No. 22).                                                                                                                                   
                                3As shall be seen in our discussion infra, appellants make much of the fact that the                                                                   
                     Erb patent applied by the examiner against the claims does not expressly disclose                                                                                 
                     element 37 as being composed of metal.  We note in passing, however, that appellants’                                                                             
                     original disclosure likewise does not expressly disclose spray disk as having a central                                                                           
                     region composed of metal.                                                                                                                                         
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