Appeal No. 2000-1472
Application No. 08/855,104
flow of fluid through the aperture 122. Thus, the fact that
the “shim” 124a is shorter than the outer edge of aperture 122
is of no moment. Rather, we agree with the appellant’s
argument (brief, p. 3) that the plates 124b1, 124b2, 124b3,
124a, 124c1 and 124c2 are solely associated with aperture 120
(i.e., the valve is biased to prevent flow through the
aperture 120 and opens to permit flow through the aperture
120) and that the shim element 124a is disposed radially
outwardly of the aperture 120. Hence, the claim does not read
on the embodiment shown in Figure 2 of Axthammer.
As to the rejection based on Figure 3 of Axthammer, we
find no evidence supporting the examiner’s determination that
“shim” 224a is “associated” with aperture 222 (see answer, p.
8) as required by claim 1. Once again, a valve is
“associated” with a particular series of apertures only if it
controls the flow of fluid through that particular series of
apertures, i.e., the valve must be capable of preventing flow,
supra. We find no teaching in Axthammer that the plates
224b1, 224b2, 224a, 224c1, 224c2 and 224c3 are capable of
preventing the flow of fluid through the aperture 222. Thus,
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