Ex parte KAYE - Page 5




          Appeal No. 95-3283                                                          
          Application No. 08/050,911                                                  


          seven-bladed fan 30 mounted thereon.  The focus of the patentee’s           
          attention is on a pair of upstanding steering vanes.  The passage           
          in the patent (column 3, lines 20 through 30), referenced by the            
          examiner, addresses the applicability of the vane arrangement to            
          other fluid propelled vehicles, e.g., air boats and propeller               
          aircraft.  However, we do not perceive from this statement any              
          inference that the engine and power output disclosed by Van                 
          Veldhuizen may appropriately be replaced by any aircraft engine             
          configuration.  We, of course, recognize that those of ordinary             
          skill in the art understand that  airboats typically employ                 
          aircraft engines connected to solid direct-drive shafts                     
          (appellant’s specification, page 1).  Notwithstanding this latter           
          knowledge, we do not discern any basis for selecting the engine             
          and shaft configuration of Wright from among all known aircraft             
          engine arrangements for use with an airboat, apart from                     
          appellant’s own teaching.  The Stout patent does not overcome               
          this deficiency.                                                            


               Since the only evidence before us fails to suggest the                 
          claimed invention, we are constrained to reverse the rejections             
          of appellant’s claims under 35 USC § 103.  It follows that we               
          need not address the affidavits mentioned in the brief (pages 24            

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