Ex Parte Zenker et al - Page 5




         Appeal No. 2003-1702                                       Page 5          
         Application No. 08/749,840                                                 


         Moreover, a pressure source is connected to the working                    
         connections of the second circuit when the changeover valve is in          
         a first position and connected to the working connections of the           
         first circuit when the changeover valve is in the second                   
         position.                                                                  
              In applying the hydraulic dual steering circuit system of             
         Bohner to the claimed subject matter, the examiner has noted that          
         Bohner provides dual circuits and takes the position that                  
         appellant’s change-over valve would read on the combination of             
         valves 31 and 32 as illustrated in drawing figure 3 of Bohner.             
              Even if we could agree with the examiner’s viewpoint                  
         concerning that application of Bohner’s system to appellants’              
         claimed subject matter, the examiner has not fairly addressed in           
         the final rejection and examiner’s answer where Bohner provides a          
         description of the additionally recited pressure source and                
         connection of that pressure source to the working connections of           
         whatever circuit is deactivated by the change-over valve as                
         required by appellants’ independent claim 9 and as argued as a             
         patentable distinction by appellants in the briefs.                        
              To the extent the examiner may have been assumingthat                 
         independent claim 9 merely requires a change over valve position           
         wherein pressure from a pressure source is vented to a tank or             







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