Ex Parte Luft - Page 8

                  Appeal 2007-2439                                                                                         
                  Application 10/089,668                                                                                   

                  member 22.  Specifically, when control valve member 22 opens, the                                        
                  pressure drops in the control chamber 15 while fuel continues to flow into                               
                  the nozzle spring chamber 10 via fuel inlet 11 such that the pressure in                                 
                  spring chamber 10 is greater than in control chamber 15 (Boecking, col. 4, ll.                           
                  35-54).  This causes the nozzle needle 5 to move upwardly and open the fuel                              
                  orifice 7 (Boecking, col. 4, ll. 35-54).  When the control valve member 22                               
                  closes, the fuel in spring nozzle chamber 10 is throttled through inlet throttle                         
                  25 such that auxiliary control chamber 24 fills first (Boecking, col. 4, ll. 63-                         
                  67, col. 5, ll. 1-9).  Thus, closing the control valve member 22 creates a                               
                  higher pressure in auxiliary control chamber 24, which forces the bush 16                                
                  downwardly and lifts the bush 16 from its seat on retaining body 3                                       
                  (Boecking, col. 5, ll. 1-9).  Thus, control valve member 22 acts as an                                   
                  adjustment tool such that bush 16 (i.e., adjusting body) is capable of                                   
                  adjustment depending on the position of the control valve member 22 (i.e.,                               
                  adjustment tool).                                                                                        
                         Boecking’s control valve member 22 acts hydraulically, instead of                                 
                  mechanically, to vary the position of the adjusting member.  However, claim                              
                  29 does not require that the adjustment tool act in a particular manner to                               
                  vary the position of the adjustment body.                                                                
                         For the foregoing reasons, we affirm the Examiner’s § 102 rejection                               
                  of claim 29.                                                                                             
                                                      DECISION                                                             
                         The Examiner’s rejection of claims 26-29 under 35 U.S.C. § 102 as                                 
                  being unpatentable over Boecking is AFFIRMED.                                                            
                         The decision of the Examiner is affirmed.                                                         


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