Ex parte WEST - Page 9




          Appeal No. 1999-1785                                                        
          Application No. 08/512,656                                                  

          § 102(b) of claims 15 and 18.  We see that claims 15 and 18                 
          require that a seal member be disposed in the seat, and that                
          the internal member and external members be “fitted together”,              
          respectively.  Appellant’s argument (brief, page 7), with                   
          respect to each of these claims, is simply that no such                     
          element appears in, or is disclosed in Totten.  Again, it is                
          quite clear to us that Totten does indeed show a seal 104                   
          disposed in a seat defined between the internal and external                
          members, and the internal member 88 being “fitted together”                 
          with external member 92 in the assembled actuator depicted in               
          Figure 3 of the patent.  We will, therefore, sustain the                    
          examiner’s rejection of claims 15 and 18 under 35 U.S.C. §                  
          102(b) as being clearly anticipated by Totten.                              


               Looking at the rejection of claim 19 under 35 U.S.C.                   
          § 102(b) as being clearly anticipated by Totten, we see that                
          claim 19 recites that the “internal member defines an internal              
          bore.”  The patent to Totten shows an internal member 88 that               
          appears to be solid, and thus includes no such internal bore.               
          Accordingly, we must agree with appellant that “an internal                 
          bore in the internal member . . . . does not appear in Totten”              

                                          9                                           





Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next 

Last modified: November 3, 2007