Ex Parte McArthy et al - Page 4




          Appeal No. 2004-0441                                                        
          Application 09/777,535                                                      


               annular member 71 comprising primarily a porous,                       
               sintered material 73 and a segment 75 of elastomeric                   
               material under tension.  Extending radially outwardly                  
               from the lower portion of the annular member is an                     
               elastomeric flange or shoulder 77.  The flange is                      
               bonded or otherwise secured to the annular member 71                   
               and spaces the base 79 of the annular member from the                  
               surface of the cylinder head about the valve guide bore                
               81.  The flange functions as a seal to prevent oil from                
               entering the lower valve stem surface 83 except through                
               the porous material 73.  The flange 77 may be bonded as                
               a separate element to the annular member 71 as stated                  
               above or it may be integrally formed with the                          
               elastomeric segment 75 and bonded to porous                            
               material 73.                                                           
               The examiner argues that “the flange [annular cover 67] and            
          seal [elastomeric flange 77] of Foley et al. are attached by an             
          interference fit” (answer, page 5).  The examiner does not point            
          out any disclosure by Foley of such an interference fit, and none           
          is apparent.  As indicated by the above-cited portion of Foley,             
          this reference teaches that the elastomeric flange (77) is                  
          affixed to the annular member (71) but is merely pressed against            
          the annular cover (67) by the valve spring (65) (figure 6).                 
               The examiner (answer, page 5) and the appellants (brief,               
          page 8) agree that the ordinary meaning of “affix”, as indicated            
          by the dictionary definition appended to the appellants’ brief,             
          is “to attach in any way”.  “Attach” means “[t]o fasten on or               



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