Ex Parte Hoen et al - Page 7




          Appeal No. 2003-2114                                                        
          Application No. 09/757,430                                                  
          escape path from ambient atmosphere.                                        
               As regards the argument made by the appellants regarding the           
          “selectively” operative nature of the valve, we note that                   
          Pawlowski’s valve is “selectively” operated by adjusting the                
          pressure in the purge tube to above 2 psi.  (Column 9, lines 7-             
          10).  Accordingly, we shall affirm this rejection.                          
                                  Summary of Decision                                 
               The rejection of claims 14, 20 and 23 Under 35 U.S.C. § 112,           
          second paragraph, is reversed.                                              
               The rejection of claim 17 under 35 U.S.C. §102(b) over                 
          Pawlowski is affirmed.                                                      
               No time period for taking any subsequent action in connection          
          with this appeal may be extended under 37 CFR § 1.136(a).                   


                                   AFFIRMED-IN-PART                                   




                         BRADLEY R. GARRIS             )                              
                         Administrative Patent Judge )                                
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         CHARLES F. WARREN             )                              
                         Administrative Patent Judge )   APPEALS AND                  
                                                       )                              
                                                       ) INTERFERENCES                
                                                       )                              

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