Appeal No. 95-2081
Application 07/825,778
no evidence that "a usual size" for a propeller such as (25)
of Small is four inches, as is
urged in the examiner's answer. Appellant contends (reply
brief, page 9) that a four inch propeller "is only used on the
smallest
of outboard motors and is not suitable for power boats to
which the present invention would be applied." The examiner
has not responded to this argument.
With regard to the position that the size of the
wall (24) of Small is merely a matter of design choice and
within the level of skill in the art, we look to Figure 6 of
Small and note that with the passage of the propeller shaft
(26) through the wall (24) at the stuffing box (29), it is
highly unlikely, if not impossible, that one of ordinary skill
in the art would have been led to size the wall (24) of Small
with a vertical height of approximately one inch, as the
examiner urges.
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