Appeal 2007-0118
Application 10/175,612
conditions (Boyd, Abstract). We further note that Boyd teaches preferred
measurements for the wedge (20) height (26), included angle (30), and distance
(24) the wedge is attached from the trailing edge (14). See id.
This application is remanded, pursuant to 37 C.F.R. § 41.50(a)(1), for the
Examiner to consider whether claims 1-20 should be rejected under 35 U.S.C.
§ 103(a) as being unpatentable over U.S. Patent No. 4,542,868 to Boyd in view of
Allen or Vijgen. In other words, in response to the remand, the Examiner should
consider whether there is motivation to combine the teachings of Boyd with Allen
or Vijgen and whether such a combination would have led one having ordinary
skill in the art at the time of the invention to tailor a spanwise variation of the
baseline trailing edge wedge as claimed.
CONCLUSIONS OF LAW
We conclude that the Appellants have shown that the Examiner erred in
rejecting claims 1-20 under 35 U.S.C. § 103(a) as unpatentable over Henne in view
of Allen or Vijgen.
DECISION
The decision of the Examiner to reject claims 1-20 under 35 U.S.C. § 103(a)
is reversed and the application is remanded for the reason provided supra.
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