Appeal No. 2006-1486
Application No. 10/608,086
Rejection over Musick
Musick predicts internal nuclear reactor conditions
commensurate with maintaining the integrity of the fuel element
cladding, thereby ensuring that the reactor is operated within
safe operating limits (col. 1, lines 18-20; col. 5, lines 57-60).
The examiner argues that “Musick’s control method achieves
maximization of plant capacity and availability within acceptable
fuel design limits under normal operation and anticipated
operational occurrences (see col. 8, lines 24+)” (answer,
page 3). The portion of Musick relied upon by the examiner
discloses that “[i]n the art of reactor control the objectives to
be achieved are the maximization of plant capacity and
availability without violating the specified acceptable fuel
design limits as a result of normal operation and anticipated
operational occurrences” (col. 8, lines 24-28). Musick
determines the design limits (col. 6, lines 15-18). The examiner
has not established that Musick discloses, or would have fairly
suggested, to one of ordinary skill the art, determining the
optimum within those limits. As to claims 40 and 41, the
examiner does not rely upon Takeuchi for any disclosure that
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