Ex Parte Gitis et al - Page 18




           Appeal No. 2003-0065                                                                     
           Application 09/491,284                                                                   

           would be equally obvious.  No unexpected results are asserted for                        
           the hyperbolic shape as opposed to the V-shape, U-shape, and                             
           parabolic shape in other claims.  In fact, the specification                             
           states that "it makes little difference whether the curved                               
           leading edge is actually 'U'-shaped, parabolic, hyperbolic, or                           
           described by some other mathematical function" (spec. at 10).                            
           Therefore, we conclude that the choice of a hyperbolic shape                             
           would have been obvious over the various shapes taught by                                
           Fukuoka.  The rejection of claims 23 and 24 is sustained.                                

                 Claim 25                                                                           
                 Appellants argue that claim 25 recites "the wide part of the                       
           hyperbolic-shaped portion is spaced from the trailing edge,"                             
           which distinguishes over Brezoczky for this reason as well as the                        
           reasons mentioned for claims 23 and 24 (Br13).                                           
                 Appellants do not argue why the examiner erred in the                              
           rejection which includes Fukuoka and, in fact, appellants do not                         
           mention Fukuoka at all.  The rejection must be sustained for this                        
           reason.  In addition, since Fukuoka shows the wide part of the                           
           curved portion in Fig. 7 spaced from the trailing edge, i.e.,                            
           only the front part of the surface is curved and the sides have a                        
           straight portion, it would have been obvious to make the wide                            
           part of a hyperbolic-shaped portion suggested by Fukuoka spaced                          
           from the trailing edge.  The rejection of claim 25 is sustained.                         


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