Appeal No. 95-4025
Application 07/996,968
Blough teaches, breaks the air into small bubbles (col. 4,
lines 18-32). Appellants disclose forming their small bubbles
by using a propeller to pull air through a small orifice,
located upstream of the propeller, into a reduced pressure
region which results from the formation of a water vortex by
the propeller (specification, pages 11 and 12). Blough does
not disclose use of such an orifice. The examiner has not
explained, and it is not apparent from the evidence of record,
why one of ordinary skill in the art would have had a
sufficient knowledge of how to modify Blough’s apparatus, by
use of an orifice or any other technique, or how to modify the
method of using the apparatus, such that the person would have
had a reasonable expectation of success of producing bubbles
having an average size of 0.25 mm.
For the above reasons, we find that the examiner has not
set forth a factual basis which is sufficient to support a
conclusion of obviousness of the invention recited in any of
appellants’ claims.
Since no prima facie case of obviousness has been
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