Appeal No. 2005-2552
Application No. 10/418,528
upstream position and a downstream position, wherein the entire
cross-sectional area of the fluid inlet is in continuous fluid
communication with the first flow path during rotation of the
fluid inlet about the axis.
The examiner relies upon the following references in the
rejection of the appealed claims:
Helme 2,548,788 Apr. 10, 1951
De Young 2,811,982 Nov. 5, 1957
Appellants' claimed invention is directed to an apparatus
for modulating fluid flow. The apparatus comprises a first flow
path and a second flow path that diverts fluid from the first
flow path. The second flow path is transverse to the first flow
path and has a fluid inlet which opens into, and thereby
controls, flow through the first path. The amount of fluid
diverted from the first flow path can be varied by rotating the
fluid inlet of the second flow path about its longitudinal axis
between an upstream and a downstream position.
Appealed claims 1-7, 9-11 and 13 stand rejected under
35 U.S.C. § 102(b) as being anticipated by De Young. Claim 8
stands rejected under 35 U.S.C. § 103(a) as being unpatentable
over De Young in view of Helme.
In accordance with the grouping of claims set forth at
page 5 of the principal brief, claims 1-7, 9-11 and 13 stand or
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