Ex parte AYERS et al. - Page 9




          Appeal No. 96-2247                                         Page 9           
          Application No. 08/218,488                                                  


          shroud (1) include intersecting sets of fiberglass elements, or             
          (2) have a "porosity" (i.e., open area) greater than 40%.                   


               Our review of Tallman and Every reveals that the teachings             
          therein would not have rendered the above-identified limitations            
          obvious to one of ordinary skill in the relevant art at the time            
          of the appellants' invention.  In that regard, we see no teaching           
          in Tallman and/or Every that would have suggested modifying Wilde           
          to include a shroud having intersecting sets of fiberglass                  
          elements as set forth in claim 1.  Contrary to the examiner's               
          assertions, we find no teaching in the applied prior art that               
          would have suggested a shroud having intersecting sets of                   
          fiberglass elements.  While fiberglass may be known for its high            
          strength, we see no motivation in the applied prior art, of why             
          one skilled in the art would have modified the device of Wilde to           
          include a shroud comprising two essentially perpendicular                   
          intersecting sets of fiberglass elements.  Furthermore, the                 
          examiner has not set forth an effective line of reasoning of why            
          a shroud having a "porosity" (i.e., open area) greater than 40%             
          would have been an obvious choice of engineering design to a                
          person of ordinary skill in the art at the time the invention was           
          made.                                                                       








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