Ex parte HERR et al. - Page 8




          Appeal No. 97-3199                                                          
          Application No. 08/273,767                                                  


          48 and 50, respectively, depicted (Figure 1) and discussed by               
          Knief. Accordingly, and again contrary to the view of                       
          appellants (brief, page 12), we find that the subject matter                
          of claim 1 is anticipated by the Knief teaching.                            


                     The obviousness rejection of claims 2 and 3                      
               We affirm the rejection of each of claims 2 and 3 under                
          35 U.S.C. § 103 founded upon the disclosure of Knief.                       
               Of particular significance to us, in regard to the                     
          content of each of claims 2 and 3, is the explicit teaching by              
          Knief (column 2, lines 53 through 57) that the ratio of total               
          aperture flow area to first tubular portion cross-sectional                 
          flow area can be adjusted to optimally minimize the effect on               
          fluid flow rate. Knief (column 4, line 54 to column 5, line                 
          56) further expressly discusses total flow area of the                      
          apertures. On the basis of the above teachings, this panel of               
          the board readily perceives that those having ordinary skill                
          in the art well understood aperture flow area as a result                   
          effective variable. As such, we make the determination, based               
          upon the Knief teaching considered in its entirety, that                    
          obtaining working obstruction ratios, such as those now                     
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