Ex parte SCHULZ - Page 6




                 Appeal No. 97-1243                                                                                                                     
                 Application 08/443,301                                                                                                                 


                 conduit and the delivery conduit.  During diagnosis of the                                                                             
                 tank system, the pump space of Stocker is connected to a                                                                               
                 vacuum source (“Saugrohr - unterdruck” or “suction pipe                                                                                
                 negative pressure”) when the electromagnetic valve is                                                                                  
                 energized and to ambient air via the supply conduit and a U-                                                                           
                 shaped bypass conduit (not labeled) when the electromagnetic                                                                           
                 valve is not energized, thereby causing the pump diaphragm to                                                                          
                 execute a pumping motion.3                                                                                                             
                          Concerning the operation of Stocker’s shut-off valve, we                                                                      
                 find that when diagnosis is not being made, the shut-off valve                                                                         
                 is in the illustrated lower position to allow for direct                                                                               
                 communication between the supply conduit and the delivery                                                                              
                 conduit.  See PTO translation, page 9, lines 8-10 (“The                                                                                
                 diagnostic pump is connected to the ventilation line of the                                                                            
                 activated charcoal filter and, when at rest, opens this line.”                                                                         
                 (emphasis added)).  We further find that when diagnosis is                                                                             
                 being made, Stocker’s shut-off valve is in a raised position                                                                           
                 above the position shown in Figure 7 to prevent direct                                                                                 
                 communication between the supply conduit and the delivery                                                                              

                          3See page 2, lines 2-24, of appellant’s specification and                                                                     
                 the paragraph spanning pages 9 and 10 of the PTO translation.                                                                          
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