Ex Parte SCHNEIDER et al - Page 3



          Appeal No. 2000-2000                                                        
          Application No. 09/105,124                                                  
          the inlet port is coupled to the crankcase interior and the                 
          outlet port is coupled to the air intake system such that gas               
          within the crankcase may flow through the venturi;                          
               a high pressure tap extending from an exterior of the                  
          venturi to an interior of the venturi;                                      
               a low pressure tap extending from the venturi exterior to              
          the venturi interior; and                                                   
               a sensor coupled to the venturi and operative to measure a             
          differential pressure between the high pressure tap and the low             
          pressure tap.                                                               
               The examiner relies on the following references:                       
          Gluntz              3,445,335           May  20, 1969                       
          Obata               4,345,573           Aug. 24, 1982                       
               Claims 1-16 stand rejected under 35 U.S.C. § 103 as being              
          unpatentable over Obata in view of Gluntz.                                  
               Rather than repeat the arguments of appellants and the                 
          examiner, we make reference to the brief (Paper No. 7), the reply           
          brief (Paper No. 9) and the examiner’s answer (Paper No. 8) for             
          the respective details thereof.                                             
                                        OPINION                                       
               We have considered the rejection advanced by the examiner              
          and the supporting arguments.  We have, likewise, reviewed the              
          appellants’ arguments set forth in the briefs.                              
               We reverse.                                                            
               As a general proposition, in an appeal involving a rejection           
          under 35 U.S.C. § 103, an Examiner is under a burden to make out            
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