Ex Parte SCHUURMAN - Page 5




            Appeal No. 2002-0021                                                                              
            Application No. 09/417,439                                                                        


                   By contrast, Bosch GmbH discloses an electromagnetically controlled pressure               
            valve of a different type and which includes throttling of the fluid medium from the              
            pressure source via holes (34) and control edge (45) of piston section (40) of control            
            piston (39). There is no discussion in Bosch GmbH concerning the particular                       
            temperature related flow problem addressed by appellant, nor any discussion of how                
            the holes (34) serve to throttle pressure medium from the pressure source. The                    
            emphasis in Bosch GmbH (see translation, pages 7-9) is on the throttling provided by              
            the narrowing ring space adjacent the first control edge (45) as the control piston (39)          
            moves to the right in Figure 1 due to increasing pressure in the ring space (46) acting           
            on piston section (41).                                                                           


                   Like appellant, we consider that the modification of the valve of Brehm urged by           
            the examiner is merely a hindsight reconstruction based on the impermissible use of               
            appellant’s own disclosure and teachings as a blueprint for piecing together unrelated            
            elements of the relied upon prior art references. The examiner’s assertions (answer,              
            page 7) that it is “readily apparent to one of ordinary skill in the art that using two bores     
            in 4,431,457 [Brehm] as suggested by 9,231,431 [Bosch GmbH] would provide a                       
            greater flow while maintaining the same pressure drop that the throttle 57 of 4,431,457           
            provides” is entirely speculative and without foundation in the applied prior art.                



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