Appeal No. 1997-1738
Application No. 08/255,040
Regarding the rejection of claim 11 under 35 U.S.C. ' 103
as unpatentable over Saxena in view of Nickerson, we find that
Nickerson does not overcome the above noted deficiencies of
Saxena. Nickerson teaches an axially-driven variable
restrictor valve controlled fluid trapping assembly useful for
instruments such as chromatographs. However, even if the
valves in the apparatus of Saxena were to be of the type shown
by Nickerson (as suggested by the examiner), rejection of
claim 11 would not be sustained since the above-noted
deficiencies of Saxena would not be overcome.
We have also reviewed the Lauer, Nickerson and Snyder
references additionally applied in the other rejections of
claims 13-20, but find nothing therein which makes up for the
deficiencies of Saxena discussed above. Accordingly, we
cannot sustain the examiner's rejection of appealed claims 13-
20 under 35 U.S.C. ' 103.
CONCLUSION
To summarize, the decision of the examiner to reject
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