Ex Parte Zeh et al - Page 6



                    Appeal No. 2004-0554                                                                                                                                  
                    Application No. 09/612,394                                                                                                                            

                    inlet 114.  Appellants argue that valve actuator 110 is neither                                                                                       
                    connected directly or indirectly with the fluid line.  See page 4                                                                                     
                    of Appellants' brief.  Appellants further argue that as can be                                                                                        
                    seen in Figures 2 and 3, to open and close valve 108, actuator                                                                                        
                    110 includes a translational movement generator 120, which                                                                                            
                    includes a pair of solenoids 128 and 130, and a lever 122,                                                                                            
                    pivotally connected to fulcrum 138, that has a first end 136                                                                                          
                    coupled to valve spool 126 and a second end 134 coupled to                                                                                            
                    translational movement generator 120.  Appellants argue that                                                                                          
                    these components of the actuator, that cause valve movement, are                                                                                      
                    clearly separate from the fluid line and therefore independent                                                                                        
                    from the upstream fluid pressure in the fluid line.  See page 2                                                                                       
                    of Appellants' reply brief.                                                                                                                           
                              We agree with Appellants that Figures 2 and 3 show that the                                                                                 
                    pair of solenoids 128 and 130 along with the other components of                                                                                      
                    the actuator causes the valve movement.  However, we must look to                                                                                     
                    Appellants' specification to determine how the solenoids operate.                                                                                     
                    On page 5 of Appellants' specification, the specification                                                                                             
                    discloses that valve actuator 110 is a hydraulic piston, an air                                                                                       
                    piston, an electrical solenoid, or some other suitable                                                                                                
                    mechanical, pneumatic or electro-mechanical device for creating                                                                                       
                    translational movement of the spool in valve 108.  Thus,                                                                                              
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