Ex Parte HEINECKE et al - Page 4




              Appeal No. 2002-1444                                                                Page 4                
              Application No. 09/004,564                                                                                


              Answer, page 3), and takes the position that it would have been obvious to one of                         
              ordinary skill in the art to replace the steel liner portion 24 of Peterson with the plastic              
              liner of Heinecke in order to make the layer 24 of Peterson “less susceptible to abrasion                 
              and corrosion” (Answer, pages 3 and 5), and also because it would be “simpler”                            
              (Answer, page 3).                                                                                         
                     Peterson discloses a gate valve having a valve body including a plurality of walls                 
              defining a chamber.  Two of these walls are disposed opposite one another and each                        
              includes an aperture that can be closed by a valve gate reciprocally operating between                    
              the walls.  Peterson provides a seal which engages opposite sides of the valve gate to                    
              prevent foreign matter from entering the valve body.  The seal comprises a liner panel                    
              (guide plate) 24, which is normally of steel (column 3, line 5), backed by a resilient                    
              compressible sheet 22, which urges it into contact with the valve gate.  There is no                      
              teaching that element 24 is flexible.  Thus, with regard to the language of claims 20 and                 
              21, Peterson fails to disclose a liner panel that is “a non-metallic laminate formed by a                 
              flexible layer of plastic material” (emphasis added), wherein the elastomeric material                    
              urges the flexible layer of plastic material into sealing engagement with the gate.                       
                     In the gate valve structure disclosed by Heinecke the valve body is sealed                         
              around the valve by a pair of liner panels 32 which, although not stated in the                           
              specification, apparently are made of plastic, inasmuch as the cross-hatching used in                     
              Figure 2 so indicates.  There is no teaching in Heinecke that the plastic liner panels are                








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