Ex parte KAGA et al. - Page 12




          Appeal No. 1997-1412                                      Page 12           
          Application 08/139,888                                                      


               Regarding claim 6, the appellants argue, “The embodiment               
          of Babel Figure 9 ... shows the end of the insert 74 flush                  
          with the end of the conical nozzle tip 73.  Thus, even the                  
          embodiment relied on does not show one nozzle placed upstream               
          of another.” (Appeal Br. at 8.)  The examiner replies, “Figure              
          8 of Babel shows the outlet of the main assist gas nozzle (31)              
          located upstream from the outlet of the sub assist gas nozzle               
          (30).”  (Examiner’s Answer at 10.)  We agree with the                       
          examiner.                                                                   


               The appellants err in considering the reference in less                
          than its entirety.  A reference must be considered as a whole               
          for what it reveals “to workers in the art.”  Panduit Corp. v.              
          Dennison Mfg. Co., 810 F.2d 1561, 1566, 1 USPQ2d 1593, 1595                 
          (Fed. Cir. 1987).  Here, the appellants focus only on figure 9              
          of Babel.  The reference teaches much more.  As admitted by                 
          the appellants elsewhere, (Reply Br. at 1), Babel shows that                
          the outlet of the cone-shaped outer liner 30 is upstream from               
          that of the central multi-graduated passage hole 36.  Fig. 8.               










Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next 

Last modified: November 3, 2007