Ex parte MEHTA et al. - Page 4




          Appeal No. 96-2457                                                          
          Application 08/171,149                                                      



          10, filed July 10, 1995) and reply brief (Paper No. 12, filed               
          October 16, 1995) for appellants' arguments thereagainst.                   





          OPINION                                                                     
                    In reaching our decision in this appeal, we have given            
          careful consideration to appellants' specification and claims, to           
          the applied prior art references, and to the respective positions           
          articulated by appellants and the examiner.  As a consequence of            
          this review, we have made the determination that the examiner's             
          rejections under 35 U.S.C. § 103 will not be sustained.  Our                
          reasons follow.                                                             


                    Turning first to the examiner's rejection of appealed             
          claims 1, 2, 8, 9, 11, 12, 14 and 16 based on Murphy in view of             
          Kang, we must agree with appellants that there is no teaching,              
          suggestion or incentive in the applied references to justify the            
          examiner's selective reconstruction of the centrifugal fan of               
          Murphy by replacing the pivoted cutoff sheet (26) therein with a            
          cutoff member that is slidable along the interior surface of the            
          scroll housing of the fan and operable to vary the area of the              
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