Appeal No. 2000-1472
Application No. 08/855,104
the respective series of apertures, the shim being an annular
member having an outer diameter that is not greater than the
outer peripheral edges of the series of apertures with which
it is associated. As to the language of claim 1 requiring
that each of the plate type valves be biased to positions
preventing flow through the respective series of apertures,
the examiner determined that the language “preventing flow
through the respective series of apertures” merely connotes
that the flow through the apertures is hindered to some extent
and, thus, the second plate type valve (shown in Fig. 3
located above apertures 220 and 222) does “prevent” flow
through the apertures 220 and 222. See answer, p. 7.
Considering first the rejection based on Figure 2 of
Axthammer, we find no evidence supporting the examiner’s
determination that “shim” 124a is “associated” with aperture
122 (see answer, p. 8) as required by claim 1. A valve is
“associated” with a particular series of apertures only if it
controls the flow of fluid through that particular series of
apertures, supra. We find no teaching in Axthammer that the
plates 124b1, 124b2, 124b3, 124a, 124c1 and 124c2 control the
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