Ex parte JOHNSTON et al. - Page 8




          Appeal No. 96-3156                                                          
          Application 08/304,333                                                      


          claimed system would result in the absence of the guidance                  
          provided by appellants’ disclosure.  Finally, it is not clear why           
          one of ordinary skill in the art would be motivated to modify               
          Steiner in the manner proposed by the examiner.  In this respect,           
          appellants’ argument on page 34 of the brief to the effect that             
          replacing Steiner’s valves (39) and (47) with a single multi-               
          function valve would not necessarily reduce manufacturing costs             
          and assembly time is well taken.                                            
               In light of the foregoing, we shall not sustain the standing           
          § 103 rejection.                                                            
               The decision of the examiner is reversed.                              
                                      REVERSED                                        




                         NEAL E. ABRAMS                )                              
                         Administrative Patent Judge   )                              
                                                      )                              
                                                      )                              
                                                      )                              
                         LAWRENCE J. STAAB             ) BOARD OF PATENT              
                         Administrative Patent Judge   ) APPEALS AND                  
                                                      ) INTERFERENCES                
                                                      )                              
                                                      )                              
                         JOHN P. McQUADE               )                              
                         Administrative Patent Judge   )                              



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