Ex parte PARKER - Page 4




          Appeal No. 97-0970                                                          
          Application 08/307,348                                                      


          careful consideration to appellant's specification and claims,              
          to the applied prior art Van Allen reference, and to the                    
          respective positions articulated by appellant and the                       
          examiner.  As a                                                             
          consequence of our review, we have made the determination that              
          the examiner’s rejections cannot be sustained.  Our reasons                 
          follow.                                                                     



          Looking first at the examiner’s rejection of claim 17                       
          under 35 U.S.C. § 112, second paragraph, we must agree with                 
          appellant (brief, pages 14-15) that the language employed in                
          claim 17 on appeal is reasonably definite and accurately                    
          defines appellant’s invention, since it is apparent from                    
          appellant’s specification that the reversing valve member (24)              
          is “reciprocated” (i.e., moved alternatively back and forth)                
          between the first and second positions defined in claim 17.                 
          The fact that there may be a significant time delay between                 
          movement of the valve member to the second position and any                 
          return movement of the valve member back to the first                       
          position, and vice versa, is of no moment, since movement from              

                                          4                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007