Ex Parte de Molina - Page 3

                Appeal 2006-3100                                                                                   
                Application 10/662,547                                                                             

            1   Lee     US 4,742,898  May 10, 1988                                                                 
            2   DeMolina     US 6,352,145 B1  Mar. 5, 2002                                                         
            3          In regard to the rejection of claims 7 to 11, it is the Examiner’s                          
            4   contention that DeMolina discloses the invention as claimed except that                            
            5   DeMolina does not disclose a plurality of holes in helical spiral formation                        
            6   which are sequentially closed to progressive close a third flow path.  The                         
            7   Examiner relies on Lee and Dressell for teaching various aspects of the                            
            8   progressive closing of the third flow path.                                                        
            9          Appellant contends that none of the references cited discloses or                           
          10    suggests a sleeve operable to progressively close the third flow path by                           
          11    sequentially covering the plurality of holes in the piston rod assembly and                        
          12    being operable to simultaneously cover all of the plurality of holes as                            
          13    required by claim 1.                                                                               
          14           In regard to the rejection of claims 12 to 15 and 18, it is the                             
          15    Examiner’s opinion that DeMolina discloses the invention as claimed except                         
          16    that DeMolina does not disclose the third passageway comprised of a single                         
          17    hole and groove with a depth of the groove decreasing from the hole to a                           
          18    terminal end and the sleeve simultaneously covering the hole and groove to                         
          19    fully close the third flow path.  The Examiner relies on Dressell and                              
          20    Schupner for disclosing helical grooves with varying depth with holes which                        
          21    open into them.                                                                                    
          22           Appellant contends that neither Dressell nor Schupner discloses a                           
          23    sleeve operable to progressively close the third flow path by progressively                        
          24    covering the groove from the hole to the terminal end.                                             



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