Ex parte BORCEA et al. - Page 6




          Appeal No. 95-4336                                                          
          Application 08/057,898                                                      


          disclose all of the limitations recited in claim 16 (as                     
          construed), and therefore does not anticipate.                              
               The rejection under § 102(b) will not be sustained.                    
          Second Rejection Under 37 CFR 1.196(b)                                      
               Pursuant to 37 CFR 1.96(b), claim 16 is rejected under 35              
          USC § 103 as unpatentable over Montelius in view of                         
          Ichiyanagi.                                                                 
               Montelius discloses all of the claimed structure except,               
          as discussed above, magnet 35 is annular and positioned at the              
          circumscribing end wall of housing 33, surrounding cylinder                 
          (core) 42, there being a core 40 within and coaxial with the                
          cylinder 42.                                                                




               Ichiyanagi discloses in Fig. 1, an electromagnetic servo-              
          valve in which there is a magnet 5 positioned on the central                
          axis of the housing 4 and valve body 3, the magnet being                    
          spaced from the circumscribing end wall of housing 4.  A                    
          header 6 attached to valve body 3 includes a cylinder which                 
          carries coil 7 and is located in the space between the                      
          circumscribing wall and the magnet.  In view of this                        
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