Ex Parte de Molina - Page 7

                Appeal 2006-3100                                                                                   
                Application 10/662,547                                                                             

            1                                    DISCUSSION                                                        
            2          We will not sustain the rejection of claims 7 to 11 because the                             
            3   combined teachings of the references relied on by the Examiner do not                              
            4   disclose or suggest a slidable sleeve for sequentially covering the plurality of                   
            5   holes to progressively close a third flow path and which is operable to                            
            6   simultaneously cover all the holes.                                                                
            7          Lee does not disclose a slidable sleeve covering holes but rather that                      
            8   the surface of the piston itself covers the holes.  In addition the piston                         
            9   surface of Lee passes over the holes to cover the holes one by one but does                        
          10    not disclose simultaneously covering all the holes.                                                
          11           Dressell discloses a sleeve that rotates around the piston to                               
          12    progressively cover all the holes at once but does not disclose sequentially                       
          13    closing the holes.                                                                                 
          14           There is no disclosure or suggestion of a slidable sleeve operable to                       
          15    sequentially cover the holes in a piston rod and to simultaneously cover all                       
          16    the holes.                                                                                         
          17           We will also not sustain the Examiner’s rejection of claims 12 to 15                        
          18    and 18 because the combined teachings of references do not disclose or                             
          19    suggest a sleeve operable to progressively close a third flow path by                              
          20    progressively closing a groove, with a hole at its base, from the hole to the                      
          21    terminal end.                                                                                      
          22           Dressell and Schupner both disclose a sleeve that rotates to cover all                      
          23    the grooves or uncover all the grooves.                                                            
          24           The decision of the Examiner is reversed.                                                   
          25                                      REVERSED                                                         


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