Ex Parte Hobson et al - Page 1



               The opinion in support of the decision being entered                   
               today was not written for publication in a law journal                 
               and is not binding precedent of the Board.                             

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                                                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                                                                     
                           Ex parte ALBERT CHADWICK HOBSON                            
                                         and                                          
                                  PETER GUY HOBSON                                    
                                                                                     
                                Appeal No. 2005-2552                                  
                             Application No. 10/418,528                               
                                                                                     
                                      ON BRIEF                                        
                                                                                     
          Before KIMLIN, PAK and OWENS, Administrative Patent Judges.                 
          KIMLIN, Administrative Patent Judge.                                        

                                 DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claims 1-11              
          and 13.  Claim 1 is illustrative:                                           
               1.  An apparatus for modulating fluid flow comprising a                
          first flow path, a second flow path generally defining a                    
          longitudinal axis that extends transverse to the first flow path,           
          the second flow path having a fluid inlet that includes at least            
          one aperture having a fixed cross-sectional flow area which opens           
          onto the first flow path, whereby a portion of fluid flowing                
          along the first flow path is diverted into the second flow path,            
          the amount of fluid diverted being variable by rotating the fluid           
          inlet about the axis into multiple rotated positions between an             

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