Ex parte BURNS - Page 6




          Appeal No. 97-2906                                                          
          Application 08/367,837                                                      



          barrel portion of the spray gun from the extension (67) to the              
          discharge orifice (136) made detachable from the remainder of the           
          spray gun body, the resulting structure would not be the same as            
          that set                                                                    


          forth in appellants’ claim 1 on appeal.  Modifying Asbeck so as             
          to have the valves (80) in the detachable spray head, as urged by           
          the examiner, would also result in the passages (69, 70) being in           
          the detachable spray head, thereby creating a spray head which is           
          not for use with a spray gun having “passages in a spray gun body           
          for delivering fluid and pressurized air to said spray head”                
          (emphasis added), as set forth in appellants’ claim 1 on appeal.            
          The resulting spray head in the examiner’s modification of Asbeck           
          would be a spray head wherein the fluid inlet passage thereof is            
          not intended or adapted to receive fluid “from a passage in the             
          spray gun body and to deliver such fluid to said fluid discharge            
          orifice,” as required in the spray head of appellants’ claim 1.             
          For these reasons, we will not sustain the examiner’s rejection             
          of claim 1 under 35 U.S.C. § 103.                                           


                    The examiner's rejection under § 103 of claims 2                  
          through 6, which depend from claim 1, will likewise not be                  
                                          6                                           





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