Appeal No. 2005-0901
Application No. 10/182,886
contrary to the teaching in Bracewell and would result in
Bracewell not operating in the manner described" (page 4 of Reply
Brief, last paragraph). Since the flights 4 of Bracewell are
welded to central stem 6, and the tool of Reinhardt has no
central stem, the examiner's rejection is based more upon what
one of ordinary skill in the art could have done rather than what
the teachings of the cited art would have suggested to one of
ordinary skill in the art.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is reversed.
REVERSED
MARC L. CAROFF )
Administrative Patent Judge )
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)
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EDWARD C. KIMLIN ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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BEVERLY PAWLIKOWSKI )
Administrative Patent Judge )
ECK:clm
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