Ex Parte COOK et al - Page 9




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


               Fourth, the examiner’s discussion on pages 5-6 of the answer           
          of the relevance of the mode of operation depicted in the graphs            
          of Figures 2 and 3 of Cook ‘082 is not understood, in particular            
          with respect to how these drawings might be viewed as explicitly            
          teaching that the control valve of Cook ‘082 is incapable of                
          faithfully tracking the fundamental frequency of the electric               
          control signal during at least most modes of operation.                     
               Fifth, to the extent the examiner’s rejection is founded on            
          the notion that it would have been obvious to replace the fluid             
          flow control valve of Cook ‘785 with a sonic flow control valve             
          of the type taught by Cook ‘082, we do not consider the rejection           
          to be well founded.  Cook ‘082 teaches that the improved sonic              
          flow control valve disclosed therein improves upon prior art                
          purge systems (such as the earlier purge system of Cook ‘785) by            
          eliminating the need for a downstream pressure regulator (col. 1,           
          lines 63-66; col. 3, lines 49-53; col. lines 1-13).  Hence, if              
          the skilled artisan were to follow the teachings of Cook ‘082 to            
          their logical conclusion in replacing the fluid flow control                
          valve 12B of Cook ‘785, said artisan would eliminate the pressure           
          regulator 62B because Cook ‘082 teaches that it would no longer             




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