Ex Parte HEINECKE et al - Page 2




              Appeal No. 2002-1444                                                                Page 2                
              Application No. 09/004,564                                                                                


                                                   BACKGROUND                                                           
                     The appellants’ invention relates to a gate valve.  An understanding of the                        
              invention can be derived from a reading of exemplary claim 20, which appears in the                       
              appendix to the Brief.                                                                                    
                     The prior art references of record relied upon by the examiner in rejecting the                    
              appealed claims are:                                                                                      
              Peterson                           4,221,307                          Sep. 9, 1980                        
              Heinecke                           5,464,035                          Nov. 7, 1995                        
                     Claims 7, 8, 13, 14, 20 and 21 stand rejected under 35 U.S.C. § 103(a) as being                    
              unpatentable over Peterson in view of Heinecke.                                                           
                     Claims 7, 8, 13, 14, 20 and 21 also stand rejected under 35 U.S.C. § 103(a) as                     
              being unpatentable over Heinecke in view of Peterson.                                                     
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                      
              the appellants regarding the above-noted rejections, we make reference to the Answer                      
              (Paper No. 39) for the examiner's complete reasoning in support of the rejections, and                    
              to the Brief (Paper No. 38) and Reply Brief (Paper No. 40) for the appellants’ arguments                  
              thereagainst.                                                                                             
                                                       OPINION                                                          
                     In reaching our decision in this appeal, we have given careful consideration to                    
              the appellants’ specification and claims, to the applied prior art references, and to the                 








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