Ex parte KAGA et al. - Page 10




          Appeal No. 1997-1412                                      Page 10           
          Application 08/139,888                                                      


          sub assist gas nozzle (D2) is at least as wide as that of                   
          outlet of the main assist gas                                               
          nozzle (D1).  (Spec. at 9.)  Third, the outlet of the main                  
          assist gas nozzle is upstream from that of the sub assist gas               
          nozzle.  (Id.)                                                              


               Babel teaches the same combination of structural                       
          features.  First, the diameter of a cone-shaped outer liner 30              
          tapers from a wider, upstream diameter on its flat upper side               
          to a narrower,  downstream diameter at its outlet.  Fig. 8.                 
          Second, the diameter of the outlet of the cone-shaped outer                 
          liner 30 is at least as wide as that of outlet of the central               
          multi-graduated passage hole 36.  Id.  Third, the outlet of                 
          cone-shaped outer liner 30 is upstream from that of the                     
          central multi-graduated passage hole 36.  Id.  We find that                 
          the combination of these features reasonably supports the                   
          examiner’s determination that an increase in pressure                       
          fluctuation and flow fluctuation of the main assist gas flow                
          in comparison with the sub assist gas flow necessarily flows                
          from the teachings of Babel.                                                









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