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 3Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007