Appeal No. 1996-1141
Application 08/109,166
Coldren also teaches that the narrow streams flowing at supersonic speed laterally mix in
the mixing zone (column 2, lines 20-24). Coldren teaches that the small mismatch between
the stream velocities creates movement of gas molecules between the narrow streams
across the boundaries between streams (col. 2, lines 34-35). Coldren further teaches that
the slight mismatch is desirable because it creates a slight turbulence which promotes
lateral mixing across the streams but does not create a sufficiently high temperature or
produces a high temperature for an insufficient time to initiate the chemical reaction
(column 4, lines 70-74).
The examiner contends that it would have been obvious to one of ordinary skill in
the art at the time of the invention was made to modify the reaction scheme of Soneta as
suggested by Coldren because doing so safely controls the reaction rate and prevents
explosions (answer, page 4).
The Patent and Trademark Office has the burden under 35 U.S.C. § 103 of
establishing a prima facie case of obviousness. In re Piasecki, 745 F.2d 1468, 1472, 223
USPQ 785, 788 (Fed. Cir. 1984). In determining the propriety of the PTO case for
obviousness in the first instance, it is necessary to ascertain whether or not the
reference(s) teachings would appear to be sufficient for one of ordinary skill in the relevant
art having the references before him to make the proposed substitution, combination or
modification. In re Lintner, 458 F.2d 1013, 1016, 173 USPQ 560,
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