Ex Parte Baki

Board of Patent Appeals and Interferences

Mar 25, 2010

09744035 (B.P.A.I. Mar. 25, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________________

Ex parte GYOZO BAKI
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Appeal 2009-006250
Application 09/744,035
Technology Center 3700
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Decided: March 25, 2010
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Before: WILLIAM F. PATE III, MICHAEL W. O’NEILL and
FRED A. SILVERBERG, Administrative Patent Judges.

PATE III, Administrative Patent Judge.

DECISION ON APPEAL

Appeal 2009-006250
Application 09/744,035

STATEMENT OF CASE
This is an appeal from the final rejection of claims 5-15.1 These are
the only claims remaining in the application. We have jurisdiction under
35 U.S.C. §§ 134 and 6.
The claimed subject matter is directed to a cartridge valve typically
used as a lavatory or sink fixture with a single handle control and cold and
warm water mixing capabilities. Appellant’s invention is characterized by a
valve with an insertion piece that can be of three different configurations to
allow three different functions in the claimed cartridge valve.
Claim 8, reproduced below, is further illustrative of the claimed
subject matter:
8. Valve battery cartridge used for mixing cold water and warm
water, comprises two discs (5,6) arranged one above the other to form a
plane sealing together, wherein the lower disc (6) is a stationary inlet disc
and the upper disc (5) is a control disc which is displaceable and rotatable on
the inlet disc; where the control disc (5) is in mechanical connection with a
driving arm (1) pivoted in a lever holder (2) through a ceramic moving
element (4), the lever holder (2) is rotatably arranged in a cartridge casing
(3), the base (9) of the cartridge casing (3) is formed with a connection
element (14) for selectively receiving different interchangeable insertion
pieces (10) selected from at least three insertion pieces, wherein an opening
for receiving any of the interchangeable insertion pieces in the connection
element is formed in a direction which is substantially parallel with a
longitudinal axis of the cartridge, wherein the connection element (14) in the
base (9) of the cartridge casing (3) receives any of the selected
interchangeable insertion pieces (10) which enables connection between
connection ducts (13) in a valve battery body (12) and inlet openings, and
wherein a longitudinal axis of all of the interchangeable insertion pieces is
substantially parallel to the longitudinal axis of the selected cartridge in the
base (9) and the base (9) is provided with seal means (11) insulating the
connection element from an inner space of the valve battery body (12).

1 We note the prior appeal of claim 5, App. No. 2004-0666, decision mailed
May 26, 2004.
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Appeal 2009-006250
Application 09/744,035

REFERENCES
The references of record relied upon by the Examiner as evidence of
anticipation and obviousness are:
Knapp
Martin
US 4,804,011
US 5,806,552
Feb. 14, 1989
Sep 15, 1998
Orlandi ’416 EP 0 684 416 A1 Nov. 29, 1995
Orlandi ’980 EP 0 771 980 A1 May 7, 1997

Claims 5-8 stand rejected under 35 U.S.C. § 103 as unpatentable over
Martin in view of admitted prior art found on page 1 of Appellant’s
Specification.
Claims 5-11 and 13 stand rejected under 35 U.S.C. § 103 as
unpatentable over Martin in view of Appellant’s admitted prior art and
Knapp.
Claims 5-10 stand rejected under 35 U.S.C. § 102 as anticipated by
Orlandi ’416.
Claims 12, 14, and 15 stand rejected under 35 U.S.C. § 103 as
unpatentable over Martin in view of Appellant’s admitted prior art and
Orlandi ’980.
OPINION
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Appeal 2009-006250
Application 09/744,035

All of Appellant’s claims are directed to an insertion piece receiving a
replaceable insert selected from at least three different replaceable inserts
of different functions. As far as we can determine, none of the references
show an insertion piece coupled with three differing inserts.
Martin discloses an adaptor gasket 50 with a removable seal 80
generally of snowman configuration. See col. 4, ll. 30-44 and col. 4, ll. 4-
23). In order to reverse the hot and cold water inlets to the cartridge of
Martin, seal 80 is removed from cavity 54 and rotated 180 degrees or turned
over and replaced into the cavity 54 as shown in Figures 5A and 5B. Thus,
giving the Examiner the benefit of the doubt, and considering the rotated
seal 80 as two different seals, since it has two different functions, we note
that Martin only discloses two differing seals rather than the three insertion
pieces required by the claims.
Knapp discloses using a so-called bottom on the lower portion of a
cartridge so that a standard cartridge can support different kinds of mixing
valves or different installation conditions. See col. 1, ll. 47-50 and ll. 55-60.
Knapp further discloses that the cartridge can be supplied with its own
standard bottom, that is most frequently used, or that the standard bottom
may be removed and remounted into a different position or replaced by a
different bottom. See col. 2, ll. 26-32. Figure 1 of Knapp shows a bottom
that can be mounted in different positions according to the necessities of the
installation. See col. 3, ll. 36-38 and ll. 63-67. While Knapp discloses a
bottom that can be placed in different positions and refers generally to
different bottoms, it is unclear exactly how many bottoms Knapp
contemplates, and it is unclear whether there are, indeed, three different
bottoms associated with the Knapp disclosure. As far as we can determine,
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Appeal 2009-006250
Application 09/744,035

Knapp specifically mentions one bottom that can be installed in two
different positions and at least one other bottom. Furthermore, we agree
with the Appellant’s argument that the fixed valve plate 15 of hard material
that cooperates with the moveable valve plate 14 is part of the bottom
assembly. Therefore, the entire valve must be disassembled in order to
change the function of the valve. This is in contrast to Appellant’s claims in
which only an insertion piece may be removed and replaced without
requiring disassembly of the claimed cartridge. Accordingly, it is our
conclusion that the claimed subject matter is not prima facie obvious from a
combination of Martin and the admitted prior art, or Martin and Knapp in
view of the admitted prior art. Therefore, these § 103 rejections are
reversed.
Turning to the § 102 rejection based on the Orlandi ’416 published
application, we do not find therein any structure which corresponds to
Appellant’s three differing inserts. The Examiner points to the bottom 12
in the various embodiments. However, it is unclear that these bottoms are
exchangeable on the valve bodies of Orlandi ’416. In this case, it appears
that the rejection is based on speculation, as it does not appear to be based
on the written disclosure in Orlandi ’416.
Finally, with respect to the rejection of claims 12, 14 and 15, rejected
as unpatentable over Martin in view of the admitted prior art and Orlandi
’980, Orlandi ’980 has been cited merely to show a pressure regulating
insert. However, as noted above, we are not convinced that Martin clearly
discloses three differing inserts for an insertion element at the base of a
cartridge. Therefore, even if the teachings of Martin were combined with
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Appeal 2009-006250
Application 09/744,035

Orlandi ’980, the combined disclosures would not ameliorate the problems
that we have discussed with the respect to the Martin reference.
In summary, while the Examiner has proffered a claim construction
that three different inserts refers to three discreet pieces which are not
necessarily differing in structure or function, we believe that the proper
construction of the term as it appears in Appellant’s claims is of inserts of
three different structures or functions. This is the manner in which we have
construed Appellant’s claims and the manner in which we have applied the
prior art. Based on this proper claim construction, the Examiner’s decision
to reject the claims under § 102 and § 103 of the statute are reversed.
REVERSED

JRG

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