Appeal No. 2004-0554 Application No. 09/612,394 an actuator momentarily moving the valve to the open position independently of an upstream portion pressurized fluid pressure, admitting a burst of pressurized fluid into the downstream portion of the fluid line; and an impact device accelerated by the burst of pressurized fluid to impact against the test specimen. References The Examiner has not relied on any references. Rejection at Issue Claims 1-40 stand rejected under 35 U.S.C. § 112, first paragraph, for containing subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the art that the inventors, at the time the application was filed, had possession of the claimed invention.1 Throughout our opinion, we will make references to the brief and the answer for the respective details thereof.2 OPINION With full consideration being given the subject matter on appeal, the Examiner's rejection and the arguments of Appellants 1 1 The Examiner has withdrawn the art rejections in order to expedite the appeal. See page 2 of the Examiner's answer. 2 2 Appellants filed an appeal brief on July 17, 2003. Appellants filed a reply brief on September 24, 2003. The Examiner mailed out an Office communication on October 6, 2003, stating that the reply has been entered. 33Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007