Ex Parte Koelzer - Page 4

               Appeal 2007-0605                                                                           
               Application 10/231,771                                                                     

           1   Examiner.   The Examiner contends (Answer 3) that partition 362 of                         
           2   Daubenberger meets the claimed vent port and that tapered pin 40 is biased                 
           3   by a spring 42 to form a seal between the discharge port and the vent.  The                
           4   Examiner additionally contends that control line 30 of Daubenberger is a                   
           5   governor that monitors pressure in the system, and that if control line 30                 
           6   became blocked or pinched off, pressure at a higher level in valve chamber                 
           7   38 would move the valve body (tapered pin 40) against spring 42 to allow                   
           8   fluid to escape from the system through vent 29 (Answer 3-4).  In addition,                
           9   the Examiner takes Official Notice (Answer 6) that "air compressor systems                 
          10   including a discharge bypass to the inlet, responsive to outlet pressure for the           
          11   purpose of limiting the discharge pressure are widely known and notoriously                
          12   old in the art."  The Examiner is of the opinion (Answer 6-7) that it would                
          13   have been obvious to employ the valve element of figure 2 of Daubenberger                  
          14   in an air compressor system for the purpose of controlling and limiting the                
          15   air pressure supplied in the air compressor system.                                        
          16         We reverse.                                                                          
          17                                                                                              
          18                                     ISSUE                                                    
          19         Has Appellant shown that the Examiner erred in holding that                          
          20   Daubenberger and known compressors suggest the language of claim 1?                        
          21   Has Appellant shown that the Examiner erred in holding that Compton                        
          22   makes up for the deficiencies of Daubenberger with respect to claims 4, 17,                
          23   and 19?                                                                                    

                                                                                                         
               2 We presume the Examiner intended central opening 37 as responding to                     
               the vent port.                                                                             
                                                    4                                                     

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