Ex parte MEIER et al. - Page 10


                Appeal No. 1996-1897                                                                                                          
                Application 08/064,145                                                                                                        

                of manipulating the workpiece as required in order to hold the same to one or more machine tools for                          
                processing.  Indeed, Wendt discloses, with respect to the drawing thereof, that the                                           
                     block or capsule 3 . . . confines selected portions of the workpiece 2 which is a blank of the                           
                     type intended to be converted into a turbine blade as a result of removal of material from                               
                     certain exposed portions of the blank in a grinding machine . . . [wherein] the block 3 is a                             
                     solid body. . . .                                                                                                        
                         The block 3 is produced in a manner . . . that the configuration of the block 3 contributes                          
                     significantly to convenience of manipulation in a machine tool. . . . Moreover, the external                             
                     surfaces and/or other external features of the block 3 are selected with a view to ensure that                           
                     the block can be readily mounted in the machine tool so as to allow for convenient orientation                           
                     of the workpiece in one or more optimum positions relative to the material removing tool or                              
                     tools as well as for reliable retention of the block in the selected position or positions. Thus,                        
                     the block can be provided with one or more specifically shaped and accurately positioned                                 
                     protuberances or other features which facilitate accurate positioning of the workpiece                                   
                     in the selected machine tool, such as a grinding machine. [Page 2, line 84, to page 3, line 8;                           
                     emphasis supplied.]                                                                                                      
                We find from an inspection of the Wendt drawing that block 3 that surrounds the irregularly contoured                         
                solid metal workpiece 2 as a solid piece has two sides which have a “bottom part 4,” with “legs” having                       
                “suitably configured grooves or notches” at “6 and 6'” which “cooperate with the respective ribs to                           
                locate the workpiece 2 in an optimum position with reference to the work holder,” and an “upper side                          
                7” which can be “provided with means for facilitating accurate and predictable centering and/or other                         
                types of mounting of the unit 1 on a machine tool” (page 3, lines 61-110).  The two sides of block 3 are                      
                attached by a connector located above and below the solid workpiece 2.  We are of the opinion that                            
                one of ordinary skill in this art would have interpreted the sides and connector of the enclosure of                          
                Wendt to be the same as the “walls” and the connecting “ribs or webs” of the enclosure of Mushardt,                           
                wherein the difference between the drawings of these two references resides in that there is an                               
                irregularly contoured solid metal blank workpiece in the Wendt drawing and an irregularly contoured                           
                turbine twin blade workpiece in Mushardt FIGS. 1-6.  Thus, as was the case with the structure shown                           
                in Mushardt, the “walls” and connecting “ribs or webs” of Wendt would fall within the meaning of “ribs”                       
                and “webs” as these terms are employed in appellants’ appealed claims.                                                        
                         Thus, we are of the view that one of ordinary skill in this art would have reasonably used the                       
                knowledge in the art as evinced by Mushardt and Wendt that any number of “walls” and connector                                
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