Ex Parte COOK et al - Page 6




          Appeal No. 2002-0797                                                        
          Application No. 08/900,977                                                  


          regulate vapor flow to the engine” and also “that is it known to            
          use such a valve in combination with a regulator downstream of              
          the valve to eliminate non-linear flow due to pressure                      
          fluctuations.”  Based on these findings, the examiner concludes             
          that it would have been obvious “to modify Cook (‘785) by                   
          constructing the solenoid valve as taught by Cook (‘082, prior              
          art) since the latter taught that it was known to use such a                
          valve in combination with a pressure regulator . . . ” (final               
          rejection, page 3).  Implicit in the above is the examiner’s                
          position that the control valve 12B of the Figure 5 purge system            
          of Cook ‘785 does not correspond to the claimed control valve,              
          and that when the Figure 5 purge system of Cook ‘785 is modified            
          by constructing the control valve 12B thereof “as taught by                 
          Cook,” the modified Figure 5 purge system would include a fluid             
          flow valve and pressure regulator combination that corresponds in           
          all respects to the subject matter of claim 1.                              
               We have carefully reviewed appellants’ invention as                    
          described in the specification, the appealed claims, the prior              
          art applied by the examiner and the respective positions advanced           
          by appellants in the brief and by the examiner in the final                 




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