Ex parte HERR et al. - Page 11




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


          appear to us to be clearly akin to the “voids” (openings)                   
          about the trapezoidal guide vanes 16a to 16e and support pipes              
          18 present in the “guide configuration” seen in appellants’                 
          Figure 2. Additionally, unlike appellants (main brief, page                 
          14), we recognize the even distribution of tongues 11 in the                
          guide configuration of Gilles (Fig. 3) as incorporating an                  
          even distribution of openings thereabout.                                   
               In summary, this panel of the board has:                               
               reversed the rejection of claims 2 and 3 under 35 U.S.C.               
          § 112, second paragraph, as being indefinite;                               
               affirmed the rejection of claims 1 and 8 under 35 U.S.C.               
          § 102(b) as being anticipated by Knief;                                     
               affirmed the rejection of claims 2 and 3 under 35 U.S.C.               
          § 103 as being unpatentable over Knief; and                                 
               affirmed the rejection of claims 1, 4, 6, and 8 under                  
          35 U.S.C. § 102(b) as being anticipated by Gilles.                          
               The decision of the examiner is affirmed.                              







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