Ex Parte Hayduk - Page 4



             Appeal No. 2006-2154                                                  Page 4                     
             Application No. 10/786,998                                                                          
             differences between the prior art and the claims at issue; and (3) the level of                     
             ordinary skill in the art.1                                                                         
                   With regard to the scope and content of the prior art, we agree with the                      
             examiner that Berchem ‘427 discloses a valve seat (8) and shut-off element (2)                      
             made from quartz glass (Final Office Action, p. 2 citing Berchem ‘427, col. 2, lines                
             5-6 and col. 4, lines 61-63).  Specifically, we find that Berchem ‘427 teaches that                 
             valves, such as flap-type valves, gate valves, slide valves, and rotatable cocks,                   
             which act as throttles, are commonly used in flow passages to control pressure or                   
             volume flow rate of the flowable medium (Berchem ‘427, col. 1, lines 32-46).                        
             Berchem ‘427 also teaches that it was known in the art to provide the flow passage                  
             of an assembly with an engineered ceramic to reduce abrasive wear caused by the                     
             composition and hardness of finely divided solids in a flowable medium and the                      
             velocity of the flowable medium (Berchem ‘427, col. 1, lines 58-66).  Berchem                       
             ‘427 teaches that silicon dioxide is one such engineering ceramic that was                          
             commonly used in flow passages (Berchem ‘427, col. 2, lines 1-7).  In the specific                  
             embodiment of the invention described in Berchem ‘427, throttles (1) is a rotatable                 
             cock valve having valve seats (8) and a valve member (2) that can be composed of                    
             an engineering ceramic, such as silicon dioxide (Berchem ‘427, col. 4, lines 61-                    
             63).                                                                                                
                   We find that Berchem ‘004 also relates to shutoff and control valves                          
             (Berchem ’004, col. 1, lines 27-28).  Berchem ‘004 similarly discloses that it was                  
             known in the art to make a valve element and valve seat of an engineering ceramic                   
                                                                                                                
             1 Although Graham also suggests analysis of secondary considerations such as commercial             
             success, long felt but unsolved needs, failure of others, etc., the appellant presented no such     
             evidence of secondary considerations for the Board’s consideration.                                 




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