Ex Parte SUMIDA et al - Page 9




            Appeal No. 2002-0607                                                                       
            Application No. 09/258,138                                                                 


            portion defined between said large-diameter and said small                                 
            diameter cylinder portions,” such that the seal 45 of Sumida “is                           
            held between a cylinder head and said shoulder portion when said                           
            valve assembly is inserted into the insertion port of said                                 
            cylinder” as called for in claim 1, and whether (2), consistent                            
            with any reading the claimed shoulder portion on Sumida’s end                              
            face 41, the remaining limitations of claim 1 (e.g., the                                   
            “securing means” limitation set forth in the last paragraph) can                           
            be read on Sumida’s fuel injector valve construction.                                      
                  In the event the examiner determines that claim 1 does not                           
            distinguish over Sumida, the examiner should take whatever action                          
            is deemed appropriate with respect to claim 1, as well as claims                           
            2-6 that depend therefrom.                                                                 
                                               Summary                                                 
                  The decision of the examiner finally rejecting the appealed                          
            claims is reversed.                                                                        
                  This case is remanded to the examiner for consideration of                           
            the matter noted above.                                                                    







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