Appeal Number: 2007-0267
Application Number: 10/641,159
12 to delimit the spray cone 4 (specification page 11). This adjusting step amounts
to more than just controlling whether the additive is applied but includes
adjustment of the amount of additive applied.
Butterworth discloses a shutter which can selectively cover or uncover spray
apertures 92 so that cleaning fluid does not reach spray apertures 92 (col. 11, lines
17 to 23) . Butterworth does not disclose a shutter that is adjustable so as to adjust
the amount of cleaning fluid that reaches the aperture but rather covers the aperture
92 or doesn’t cover the aperture.
ANALYSIS
As Butterworth does not disclose an adjustable shutter, the combination of
Pryor and Arthur would not have rendered the invention of claims unpatentable
over the teachings of Pryor in view of Butterworth or Arthur in view of
Butterworth.
CONCLUSION
It is our conclusion that the examiner erred in rejecting the claims under
35 U.S.C.§ 103.
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