Ex Parte FERBER et al - Page 4



          Appeal No. 2004-1622                                                       
          Application No. 09/431,178                                                 
               As framed and argued by the appellants, the dispositive               
          issue in the appeal is whether Howald would have rendered obvious          
          within the meaning of ' 103(a) a component meeting the limitation          
          in claim 1 requiring that Aa ratio of the cross-sectional area of          
          the hot-side orifice of the at least one component cooling                 
          passage to the cross-sectional area of the cold-side orifice of            
          the at least one component cooling passage is less than 1.2.@              
          The appellants do not dispute the examiner=s assessment that               
          Howald teaches, or would have suggested, a component meeting the           
          remaining limitations in the claim.  Of the ratio in question,             
          the appellants= specification states that                                  
                    [i]t proves to be favorable if the discharge cross               
               section of the cooling passage is less than 120% of the               
               inlet cross section, this on the one hand for                         
               production reasons, so that the variation in the power                
               density of the cutting beam over the material thickness               
               to be penetrated is kept within practible limits, and                 
               in order not require too short a focal width of the                   
               collimating optics used [page 8].                                     
               The following passage from the Howald reference fairly                
          summarizes the component disclosed therein:                                
                    [b]riefly and in its broader aspects the invention               
               is characterized by a structural member, the Aouter@                  
               surface of which defines a flow path for a hot gas                    
               stream moving therepast at a relatively high velocity.                
               The opposite surface of this member defines, at least                 
               in part, a chamber.  Means are provided for                           
               pressurizing a coolant, preferably air, within this                   
               chamber to a pressure somewhat greater than the static                
               pressure of the gas stream flowing therepast.  Discrete               
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