Ex parte VIRON - Page 3


                Appeal No. 1997-1796                                                                                                           
                Application 08/422,491                                                                                                         

                which causes the flats to engage the seat “such that . . . said screw point is aligned about said                              
                longitudinal axis.”  This disclosure establishes that the engagement of the seat and flats specified in claim                  
                1 will result in recentering.  It is not apparent from any disclosure in Oas, and the examiner has not                         
                pointed to any, that the apparent angle of 90 degrees formed when the flats of pin 65 engage the front                         
                seat of check ring 31 as shown in Oas Figure 8B would align the screw point about the center axis, thus                        
                recentering it.  Indeed, it is not apparent from Oas Figure 8B that the mere engagement of the flats of                        
                retainer end 65 and valve seat 31 would provide for the alignment of the screw point of piston screw 28                        
                given the tolerance evident between barrel 12 and retainer end 65.  Thus, it is not apparent from the                          
                examiner’s explanation that the extruder assembly for an injecting molding machine shown in Oas would                          
                meet expressly or inherently meet each and every limitation of the claimed extruder assembly for an                            
                injecting molding machine encompassed by claim 1, arranged as required by this claim.  See generally,                          
                In re King, 801 F.2d 1324, 1326, 231 USPQ 136, 138 (Fed. Cir. 1986); Lindemann                                                 
                Maschinenfabrik GMBH v. American Hoist and Derrick, Co., 730 F.2d 1452, 1457, 221 USPQ                                         
                481, 485 (Fed. Cir. 1984).  We further find that the examiner has not responded to appellant’s                                 
                argument that “[t]here is no disclosure in [Oas] that the angle of the screw point is calculated to prevent                    
                a reduction in the cross sectional area of the extruding head in the area of the pin” (brief, page 7).                         
                         Accordingly, we reverse the ground of rejection of claims 1, 4, 6, 7, 10 and 12 under     35                          
                U.S.C.  102(b) over Oas as well as the ground of rejection of claims 2, 3, 5, 8, 9 and 11 under 35                            
                U.S.C.  103(a) over Oas as applied to claims 1, 4, 6, 7, 10 and 12 further in view of Haines et al.,                          
                Strassheimer and Wogerer (answer, page 4).  As to the latter ground of rejection, we find that, as noted                       
                by appellant (brief, pages 7-8), the secondary references do not cure the deficiency that we identified in                     
                Oas above with respect to the limitations of claim 1.  Indeed, the examiner admits in the subsequent                           
                ground of rejection that Haines et al., Strassheimer and Wogerer “do not disclose the pin matching the                         
                taper angle of the check valve” (answer, page 5).  Thus, we reverse the ground of rejection which is                           
                based on these three references in view of Oas as well (id., pages 4-5).                                                       



                         The examiner’s decision is reversed.                                                                                  

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