Appeal No. 98-1233
Application No. 08/612,045
Here, Carlson discloses a valve 5 which includes a
concealed part 6, a part (the remainder of the valve) which
projects from a wall (note page 1, lines 34-39) and a control
element 12. The appellant's specification provides no
particularly definition of "sanitary" and, giving this term
its broadest reasonable interpretation (see In re Morris, 127
F.3d 1048, 1055, 44 USPQ2d 1023, 1028 (Fed. Cir. 1997) and In
re Zletz, 893 F.2d 319, 321, 13 USPQ2d, 1320, 1322 (Fed. Cir.
1989)), Carlson's valve may be considered to be a "sanitary"
valve as claimed. Carlson also discloses an element 22 which
has the capability of functioning as a plaster guard as
claimed. More specifically, element 22 includes (1) a
threaded stud 23 that will act as a protective cover section
for the internal threads on collar 17 when the studs are
engaged in these threads and (2) a tool bearing section with a
tool 24 (see Fig. 4).
Claims 5 and 7 are rejected under 35 U.S.C. § 103(a) as
being unpatentable over Carlson. With respect to claim 5, the
tool 24 and the end 21 of control element 12 of Carlson appear
to be square-shaped as claimed. In any event, the provision
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