Ex parte BROWN et al. - Page 2




              Appeal No. 97-2602                                                                                         
              Application 08/422,795                                                                                     


                     The invention relates to “high performance butterfly valves wherein the pivotable                   
              disk which is rotated to open and close the valve has a partially beveled outer periphery”                 
              (specification, page 1).  Claim 1 is illustrative and reads as follows:                                    
                     1.  A high performance butterfly valve comprising:                                                  
                     a valve body having a substantially circular bore, said bore being adapted for the                  
              fluid flow through said bore and having a centerline through said bore;                                    
                     a disk adapted for movement between an open position thereby allowing fluid flow                    
              through said circular bore and a closed position wherein fluid flow through said circular                  
              bore is restricted, said disk having the shape of a diagonal cross-section of a round rod                  
              and having an outer face and an inner face, said outer face having a peripheral edge, at                   
              least a portion of the circumference of said peripheral edge being notched, said inner face                
              being adapted for mounting said disk in said circular bore, said disk having a centerline                  
              corresponding to the centerline of said bore;                                                              
                     an annular valve seat mounted in said valve body thereby providing a sealing                        
              surface extending into said circular bore for sealing said disk when said disk is in a closed              
              position; and,                                                                                             
                     a shaft for mounting said disk in said circular bore and for rotating said disk                     
              between open and closed positions, said shaft having a centerline corresponding to the                     
              center of rotation of said disk, said centerline of said shaft being offset from said centerline           
              of said bore and said disk.                                                                                
                     The reference relied upon by the examiner as evidence of anticipation and                           
              obviousness is:                                                                                            
              Miyairi                                   5,158,265                    OCT. 27, 1992                       
                     Claims 1 through 8 stand rejected under both the first and second paragraphs of 35                  
              U.S.C. § 112.  In addition, claims 1, 2 and 5 through 8 stand rejected under 35                            


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