Ex Parte Fitz et al - Page 9




              Appeal No. 2005-2135                                                                Παγε 9                                       
              Application No. 10/038,910                                                                                                       


              two pistons relative to the other of said two pistons" after "pistons" (last occurrence) in                                      
              the final paragraph of claim 22.                                                                                                 
                                                    CONCLUSION                                                                                 
                     To summarize, the examiner’s rejection of claims 22, 33-35, 43, 45 and 47-50 as                                           
              being anticipated by Beyene and the rejections of claim 42 as being unpatentable over                                            
              Smalley, Corcoran or Beyene in view of Muller are reversed.  The rejection of claims 22,                                         
              33-35, 43, 45 and 47-50 as being anticipated by Smalley is affirmed as to claims 22 and                                          
              33 and reversed as to claims 34, 35, 43, 45 and 47-50.  The rejection of claims 22, 33-                                          
              35, 43, 45 and 47-50 as being anticipated by Corcoran is affirmed as to claims 22, 33                                            
              and 35 and reversed as to claims 34, 43, 45 and 47-50.  A statement under 37 CFR §                                               
              41.50(c) as to how independent claim 22 may be amended to overcome the rejections                                                
              of claims 22, 33 and 35 is included in this decision.                                                                            
                     No time period for taking any subsequent action in connection with this appeal                                            
              may be extended under 37 CFR § 1.136(a)(1)(iv).                                                                                  
                          AFFIRMED-IN-PART; STATEMENT UNDER 37 CFR § 41.50(c)                                                                  





                                   JOHN P. McQUADE )                                                                                           
                                   Administrative Patent Judge )                                                                               
                                                                             )                                                                 
                                                                             )                                                                 
                                                                             )                                                                 
                                                                             ) BOARD OF PATENT                                                 















Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007