Ex Parte Thompson et al - Page 5



                Appeal No. 2006-1430                                                                              
                Application No. 10/005,484                                                                        

                toward the gas flow tube 92 to close the valve by spring 115, by other high                       
                pressure air 113’, or both (col. 10, l. 24 to col. 11, l. 6).  An adjustment nut,                 
                depicted at 123’, on threaded bolt 123 provides a means for defining the                          
                height of the stroke of drive piston 100 as it nears the top 109 of the drive                     
                chamber 101 (col. 13, ll. 22-26).                                                                 
                       Appellants argue, in effect, that the drive and metering pistons of                        
                Evans are not constructed and arranged to provide all metering positions                          
                from fully closed to fully open because the burst of air pressure 113 quickly                     
                moves the drive piston 100 to the top of the drive chamber 101 and the                            
                spring 115 and/or air pressure 113’ quickly moves the piston back to the                          
                bottom of the drive chamber.  Consequently, according to Appellants,                              
                Evans’ pistons only provide fully opened and fully closed metering                                
                positions; “[t]here is no provision in Evans for controlling the degree to                        
                which the valve is open”  (Br. 7).                                                                
                       Appellants’ argument is unsound for two reasons.  First, Evans’                            
                adjustment nut and bolt 123 provide a means for controlling the degree to                         
                which the valve is open, as it defines the height of the stroke of the drive                      
                piston 100 and, hence, the attached metering piston 94.  Second, while                            
                Evans discloses an arrangement wherein the air pressure 113 and the                               
                opposing force provided by the spring 115 and/or the air pressure 113’ are                        
                balanced relative to one another so that the drive piston 100 is quickly                          
                moved from the bottom of the drive chamber (the fully closed position) to                         
                the top of its stroke, Evans’ valve also is fully capable, without modification,                  
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