Ex parte HOYT - Page 6




          Appeal No. 96-1596                                                          
          Application No. 08/106,489                                                  


               With regard to claim 4, we agree with the examiner that                
          claim 4 "reads on" Stull.  In that regard, we note that the                 
          curved wall forming part of the orifice portion 26 includes                 
          opposing side walls which extend between Stull's sloping wall 27            
          (i.e., the front face) and the portion of Stull's blade 34 which            
          forms another part (i.e., the rear face) of the orifice portion             
          26.  With regard to claim 5, we agree with the examiner that                
          claim 5 "reads on" Stull.  In that regard, we note that Stull's             
          sloping wall 27 (i.e., the front face) is substantially planar.             
          In addition, the portion of Stull's blade 34 which forms a part             
          (i.e., the rear face) of the orifice portion 26 is substantially            
          planar.  Accordingly, we will sustain the examiner's rejection of           
          claims 4 and 5 under 35 U.S.C.  102(b) since each and every                
          element set forth in these claims is found in Stull.                        


               We agree with the appellant that claims 6, 9 through 11 and            
          13 through 17 do not "read on" Stull.  In that regard, Stull does           
          not disclose a concave recess as recited in claims 6, 9 and 17.             
          We fail to find any disclosure in Stull that the juncture of the            
          surfaces of elements 16 and 11 forms a concave recess as alleged            
          by the examiner (answer, p. 4).  Accordingly, we will not sustain           
          the examiner's rejection of claims 6, 9 through 11 and 13 through           

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