Appeal No. 2006-1430
Application No. 10/005,484
metering positions from a fully closed position to a fully open position (Br.
10-11).
Like Evans’ and Schmidt’s valves, Shank’s valve is fully capable,
without modification, of being supplied with a selectively variable air
pressure that is sufficient, when applied against the opposing force of the
spring or opposing air pressure, to move the piston and valve stem to any
position up to and including the fully closed position. We thus conclude that
Shank, like Evans and Schmidt, is constructed and arranged to provide all
metering positions from a fully closed position to a fully open position, as
called for in claims 24 and 45, even without the modification proposed by
the Examiner.
Moreover, Appellants’ argument that there would have been no
reasonable expectation of success in providing a threaded stroke length
adjustment in Shank’s valve because there is nothing to suggest that the
threaded adjustment of Schmidt or Evans would or could work in the on/off
valve of Shank (Br. 10) is without merit. Both Schmidt and Evans disclose
supplying air pressure to move the piston and valve element or metering
piston from a closed position to an open position and thus describe on/off
valves like Shank. Such similarity in the structure and operation of the
valves of the three applied references would have given the skilled artisan a
very reasonable expectation of success in providing a threaded stroke length
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