Ex Parte Clark - Page 9




         Appeal No. 2003-0470                                                  
         Application 09/671,870                                                


         for the first time, attempts to elaborate on why the noise            
         suppressor as seen in Paulson would “inherently” perform the          
         steps of appellant’s method as set forth in the claims on             
         appeal, and makes reference to six patents and two textbooks          
         to support such inherency positions.                                  


                  Even if we were to agree with the examiner that              
         free rotation of the turbine section blades (43) of the               
         turbofan wheel (34) of Paulson in the exhaust flow from the           
         turbojet engine (11) therein would inherently produce a               
         segregated flow including a plurality of rotating high                
         velocity, low density jets and a plurality of rotating low            
         pressure voids located closely adjacent the trailing edges            
         of the turbine section blades (43), we see no basis for the           
         examiner’s further conclusion that any flow around the tips           
         of fan blades (50) in the fan section (42) located outboard           
         of the ring (45) of the turbofan wheel (34) in Paulson would          
         provide a secondary flow of air which, under any set of               




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