Appeal No. 2002-2039 Page 13
Application No. 09/258,712
housing member 108 as providing a tight fit for the upper portion of Sturman's needle
valve 120.
Third, the appellants argue that Sturman shows the disc-like portion/spacer
shows fluid communication. This appears to be directed at the two vertical dashed
lines in the disc-portion. However, the appellants' conclusion is speculative and
unsupported by any evidence. Moreover, it is our opinion that even if the two vertical
dashed lines in the disc-portion represent fuel flow channels, such would not be
sufficient to define over Sturman since the claims under appeal do not exclude such
flow channels. In that regard, we note that even if the disc-portion of the needle valve
had flow channels the needle valve 120 would still have an upper guide portion
positioned in the guide bore of the housing member 108 for the reasons set forth
above.
For the reasons set forth above, the decision of the examiner to reject claim 1
under 35 U.S.C. § 102(b) is affirmed.
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