Ex Parte Thompson et al - Page 6



                Appeal No. 2006-1430                                                                              
                Application No. 10/005,484                                                                        

                of being supplied with a selectively variable air pressure 113 that moves the                     
                drive piston to any position short of the stroke height defined by the                            
                adjustment nut and bolt.                                                                          
                       We thus conclude that Evans’ valve is constructed and arranged to                          
                provide all metering positions from a fully closed position to a fully opened                     
                position.  We sustain the Examiner’s rejection of claims 23-25, 31, 32, 42,                       
                44-47, 50, 53, 54, 56, 58, and 59 as being anticipated by Evans.                                  

                The obviousness rejections                                                                        
                       Shank describes a media valve including an inlet cone 61 and vertical                      
                media passage 63 in valve body 40, a control sleeve provided with spaced                          
                orifices 56, and a valve stem 45 attached to a piston 46.  The lower surface                      
                49 of piston 46 is in fluid communication, via pressure supply tube 50, with                      
                air pressure.  The supplied air pressure moves the piston 46 and attached                         
                valve stem 45 upward and out of communication with media passage 63.  A                           
                biasing spring 72 returns valve stem 45 to the closed position obstructing                        
                media passage 63 when the air pressure is reduced and bled through member                         
                71.   Compressed air can be supplied to the top surface 55 of piston 46 to                        
                return valve stem 45, either as an alternative to or in combination with the                      
                biasing spring 72.  Col. 7, ll. 48-58.                                                            
                       Schmidt discloses a valve V very similar to that of Evans.                                 
                Specifically, Schmidt’s valve includes a body 60 having a media inlet tube                        
                61a and an air flow tube 63 and has a spring 66 and a valve element 65                            
                                                        6                                                         



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