Appeal No. 2004-0111
Application No. 09/930,098
The Reference
In rejecting the claims under 35 U.S.C. § 102(b), the
examiner relies upon the following reference:
Thomas 4,460,905 Jul. 17, 1984
The Rejections
Claims 19, 26, 27, 29-31, and 34 stand rejected under 35
U.S.C. § 102(b) as being anticipated by Thomas.
The Invention
The invention relates to a valve assembly for us in an off-
axis printer ink supply. The valve assembly is configured to
accept a commercial electric relay as its actuator, and being able
to actuate without affecting the fluid pressure in the ink pen.
(Appeal Brief, page 2, lines 10-28). Further details of the
claimed invention are detailed in the claims reproduced above.
The Rejection of Claims 19, 26, 27, 29-31 and
34 Under 35 U.S.C. § 102
The examiner has found that Thomas discloses all of the
features of the invention. (Examiner’s Answer, page 4, line 12 -
page 5, last line). The appellant urges that the rejection is
improper in that, as it applies to claim 19, the Thomas patent
does not show a valve which is prefabricated to receive an
electric relay. To quote the appellants: “it cannot reasonably be
contested by the Examiner that the Thomas Patent fails to show use
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