Appeal No. 1997-1412 Page 8
Application 08/139,888
surrounds and intersects with the main assist gas flow.”
(Examiner’s Answer at 8.) She adds, “Babel discloses a
structure which produces the identical type of gas flows, and
which will therefore produce the same results.” (Id.) We
agree with the examiner.
Independent claim 1 recites in pertinent part the
following limitations:
at least one annular sub assist gas nozzle
surrounding the main assist gas nozzle, a jet outlet
at an innermost diameter of the annular sub assist
gas nozzle being no smaller than a jet outlet of the
main assist gas nozzle, for increasing pressure
fluctuation and flow fluctuation of the main assist
gas flow in comparison with the sub assist gas flow.
Giving the claim its broadest reasonable interpretation, the
limitations recite the function of increasing pressure
fluctuation and flow fluctuation of a main assist gas flow in
comparison with a sub assist gas flow.
In rejecting claims, the patent examiner bears the
initial burden of presenting a prima facie case of
unpatentability.
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