Appeal No. 2000-1472
Application No. 08/855,104
made by the appellant’s counsel at the telephonic oral hearing
held on February 13, 2001, to the effect that to control the
flow through the apertures in the piston, the valve must
completely close the apertures.
Turning now to the merits of the § 102 rejection of
claims 1 through 4, at page 3 through 5 of the answer, the
examiner determined that both Figures 2 and 3 of Axthammer
disclose each and every element of appealed claim 1. With
reference to Figure 2, the examiner describes the reference as
teaching a piston 118 dividing a cylinder 110 into first and
second fluid chambers 12a and 12b, a first and second series
of apertures 120 and 122 extending through the piston from one
fluid chamber to the other, a first plate type valve (shown by
plates 124b1, 124b2, 124b3, 124a, 124c1 and 124c2) for
controlling the flow through the first series of apertures and
a second plate type valve (shown in Fig. 2 located above
annular channel 146) for controlling the flow through the
second series of apertures, each of the plate type valves
being biased to positions preventing flow through the
respective series of apertures, and at least one of the plate
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