Ex Parte Zeh et al - Page 3



                    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.                                                                                                              
                                                                                    33                                                                                    




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