Ex parte STEINHILBER et al. - Page 2




          Appeal No. 2000-0181                                                        
          Application No. 08/929,287                                                  



               The appealed claims are drawn to a rotating nozzle for                 
          spraying jets of fluid, and are reproduced in the substitute                
          appendix filed on February 23, 2000.                                        
               Claims 1, 4 to 17 and 20 to 26 stand finally rejected for              
          failure to comply with 35 U.S.C. § 112, first paragraph, in                 
          that the claimed invention is not described in the                          
          specification in such a manner as to enable one of ordinary                 
          skill to make and use it.                                                   
               After fully considering the record in light of the                     
          arguments presented in appellants’ brief and reply brief, and               
          in the examiner’s answer, we conclude that the rejection is                 
          not well taken.                                                             
               The rotating head 22 of appellants’ nozzle is driven by a              
          turbine 13 rotated by the operating fluid, e.g., water.  As                 
          disclosed at page 2, lines 19 to 31, and page 8, line 30, to                
          page 9, line 22, the nozzle of the invention is so constructed              
          that, as the pressure of the operating fluid increases, the                 
          rotational speed of the nozzle head will increase                           
          proportionally.  However, after the fluid pressure reaches a                
          certain value, such as 0.5 bar, further increases in pressure               

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