Appeal No. 2003-1920
Application No. 09/538,455
to Higdon’s tubing 72, solenoid valves 98 and sheet heater
located at column 4, lines 57+ and Figure 3B. Id. However,
Higdon does not indicate that its tubing is connected to at least
one of said output ports or has a reduced tubing size. See column
4, lines 18-40 and column 6, lines 11-63. Nor does Higdon
indicate that its tubing acts as “a flow restrictor” to provide
the claimed function. See column 4, lines 18-40 and column 6,
lines 11-63.
However, the examiner’s Section 102(e) rejection of claims 9
through 12 as anticipated by Higdon is on different footing.3 We
determine that Higdon teaches a stream switching system having a
plurality of inlet ports and at least one outlet port actuated by
various valves, such as electrically operated solenoid valves.
See column 6, lines 38-57, together with column 4, lines 37-52.
As the phrase “an outside impulse”4 recited in claim 9 embraces
an electrical impulse which is used to operate solenoid valves to
open or close the inlet and output ports, we are constrained to
3 According to the appellants (Brief, page 10), “[c]aims 9-
12 stand or fall together.”
4 We give the phrase “an outside impulse” the broadest
reasonable interpretation in light of the specification. See In
re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027 (Fed.
Cir. 1997).
5
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