Appeal No. 1997-3962
Application 08/500,741
inoperative to perform as set forth in the Fukazawa patent
[brief, pages 6-11]. A declaration by Dr. Samuel W. Yuan has
been filed in support of this position. Second, appellants
argue that even if the teachings of Fukazawa are combined with
the teachings of Valstyn, there is no suggestion within the
applied references of the claimed location of the magnetic
valve conductor means [id., pages 12-17]. We consider the
second argument first.
As noted above, the examiner admits in the rejection
that the combined teachings of Valstyn and Fukazawa
specifically show the coil means and flux sensing means being
located on the same side of the valve conductor means [note
Figure 1 of Valstyn]. The examiner simply asserts that the
claimed location of the valve conductor means between the coil
means and the flux sensing means would have been obvious
because of several alleged advantages and because an
equivalent result is achieved with no unexpected properties.
This rejection cannot stand because the examiner has provided
no evidence to support his conclusions of obviousness.
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