Ex Parte Nishimuro et al - Page 4


                   Appeal Number:  2006-2117                                                                                           
                   Application Number:  10/098,341                                                                                     

                   supra, Otis does not teach a disc-shaped in tank valve.  Therefore, Otis fails to remedy                            
                   the shortcomings of the claims of U.S. Patent No. 6,383,436.  Accordingly, we cannot                                
                   sustain the obviousness-type double patenting rejection.                                                            

                                                          CONCLUSION                                                                   
                           The decision of the examiner rejecting claims 7 through 9 under 35 U.S.C.                                   
                   §  102(e), claims 10 through 12, 15, 16, and 18 through 22 under 35 U.S.C. § 103, and                               
                   claims 7 through 10, 15, 16, 18, 19, and 21 under obviousness-type double patenting is                              
                   reversed.                                                                                                           
                                                            REVERSED                                                                   





                                   ANITA PELLMAN GROSS )                                                                               
                                   Administrative Patent Judge )                                                                       
                                                                                         )                                             
                                                                                         )                                             
                                                                                         )                                             
                                                                                         ) BOARD OF PATENT                             
                                   STUART S. LEVY )          APPEALS                                                                   
                                   Administrative Patent Judge )              AND                                                      
                                                                                         )    INTERFERENCES                            
                                                                                         )                                             
                                                                                         )                                             
                                                                                         )                                             
                                   ROBERT E. NAPPI )                                                                                   
                                   Administrative Patent Judge )                                                                       


                   APG/vsh                                                                                                             







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