Ex parte SANTOS - Page 4




          Appeal No. 97-1092                                                          
          Application 08/412,491                                                      


               chamber 19, wall 26 being with an opening 27 of a                      
               diameter approximately equal to that of the passage                    
               20 connecting the chambers 19 and 21.                                  
                    An obturation member, here a flap 28, is                          
               pivotally mounted in the body 15 by means of a shaft                   
               29 . . .  .  Each of the faces of the flap 28 bears                    
               a gasket 31, 32.  In a first position of the flap                      
               shown in FIG. 2, the gasket 32 surrounds the opening                   
               27 and effects a tight closure between the first                       
               chamber 19 and the outlet aperture 25.  In this                        
               first position of the flap 28 the passage 20 is free                   
               and water flows from the first chamber 19 into the                     
               second chamber through the passage 20 to come out                      
               through the aperture 24.                                               
                    In a second position of the flap 28, the gasket                   
               31 surrounds the upstream end of the passage 20 and                    
               obturates it in a tight manner so that the water                       
               flows out of the first chamber 19 through the outlet                   
               aperture 25 directly.  . . .                                           
                    The head comprises further an actuating member                    
               35 presenting the shape of a stirrup the arms of                       
               which are fast with . . . the shaft 29 of the flap                     
               for its actuation [column 3, line 42 through column                    
               4, line 24].                                                           
               As acknowledged by the examiner (see page 5 in the main                
          answer), the Magnenat faucet does not meet the limitation in                
          independent claim 1 requiring “means for blocking flow of said              
          liquid through one of and both of said second and third                     
          passageways.”  In this regard, Magnenat’s flow blocking means               
          (flap 28) is adapted to block the flow of liquid through one                
          or the other of the passageways leading to the outlets, but                 
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