Appeal No. 96-3062
Application 08/239,029
The function of the downstream venturi tubes in the Bloch
invention is to improve the efficiency of a power source in which
a turbine is operated in the throat of a venturi tube by creating
certain conditions which affect the fluid exiting the alpha
turbine. From our perspective, absent any evidence to the
contrary, it would appear that placing a second turbine in one of
the downstream venturi tubes would disturb their function, that
is, would interfere with their ability to recompress the fluid
issuing from the turbine. In our view, this would cause the
Bloch invention to become inoperable for its intended purpose,
thus serving as a disincentive to one of ordinary skill in the
art to modify the Bloch apparatus in the manner proposed by the
examiner. See In re Gordon, 733 F.2d at 902, 221 USPQ at 1127
(Fed. Cir. 1984).
For this reason, it is our opinion that the teachings of
Bloch and Jourdain fail to establish a prima facie case of
obviousness with regard to the subject matter of claim 34, and we
will not sustain the rejection of this claim or of claim 35,
which depends therefrom. Nor will we sustain the rejection of
claims 36 through 38, for the teachings of Bailey, the added
reference, fail to overcome the deficiency in the basic
combination.
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