Appeal 2006-1127
Application 10/712,970
does not “define the orientation of the cartridge or that gravity assists the
flow of the first liquid” (Answer 16).
Appellants also argue that Norman does not disclose “the [claim 1]
limitation ’a manual actuator (. . . positioned) [sic] in operative relationship
with the movable valve structure enabling movement of the valve structure
between at least three discreet [sic, discrete] positions’" (Br. 8). Appellants
argue that “the Norman valve 82 moves only between two positions for
controlling the cartridge liquid. A different valve, the trigger mechanism 76,
turns the water on and off. . . . The Norman trigger mechanism does not
enable movement of the valve 82 between three discreet [sic, discrete]
positions” (id.).
The Examiner contends:
Even . . . [if] the valve structure 82 [of Norman]
only rotates in one direction and is only free to
rotate in a 180 degree range, the valve structure 82
has an infinite number of positions between the
two extreme positions shown in figures 3A and
3B. The valve structure 82 is not a digital valve. It
cannot be placed in the position of Figure 3A and
then placed in the position of 3B without
experiencing intermediate positions. When the
valve structure 82 is rotated and the outer surface
117 complete[ly] seals the flow path of conduit 80
and 130, flow of the first liquid in cartridge 10 and
the flow of the second liquid in conduit 80 are
blocked [Answer 17].
Appellants reply:
There is no teaching in Norman of a third position
for the valve 82. A separate trigger mechanism 76
opens and closes the water flow through the
conduit 74.
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