Ex parte BOYLES et al. - Page 7




          Appeal No. 97-2418                                         Page 7           
          Application No. 08/390,843                                                  


                    Apparatus for assuring the equal phase distribution               
               and steam quality of a two phase mixed steam flow having               
               a gaseous phase and a liquid phase, in a steam flow line               
               having a junction inlet and two junction outlets, and for              
               distributing said two phase mixed steam flow in a                      
               preselected distribution ratio between said two junction               
               outlets, the apparatus comprising                                      
                    steam flow diverting means movably arranged at said               
               junction inlet for diverting alternately all of said two               
               phase mixed steam flow to a selected one of said two                   
               junction outlets; and                                                  
                    means for controlling movement of said fluid flow                 
               diverting means to deliver said two phase mixed steam                  
               flow in said flow line alternately to each of said two                 
               junction outlets to achieve said preselected distribution              
               ratio of said two phase mixed steam flow between said two              
               junction outlets.                                                      


               The examiner determined (answer, p. 3) that                            
               [t]he claim [claim 1] is interpreted as being drawn to a               
               diverter, which Bachmann et al. show [sic].  The                       
               recitations "steam" merely relate to intended use and are              
               given no weight.  The gas turbine exhaust is read as a                 
               two phase fluid in that the products of combustion                     
               include water and gases.  In the alternative, it can be                
               seen that when the valve of Bachmann et al is used in an               
               environment which includes two phase fluid, such as wet                
               steam, it will meet the claims.                                        


               The appellants argue (brief, pp. 3-5) that (1) the                     
          Examiner has ignored most of the limitative language of claim               







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