Ex parte KAGA et al. - Page 19




          Appeal No. 1997-1412                                      Page 19           
          Application 08/139,888                                                      


                Obviousness of Claims 6 and 23 over Hisayoshi-Babel                   
               The appellants argue, “the embodiment of Figure 9 of                   
          Babel shows the end of the insert 74 flush with the end of the              
          conical nozzle tip 73, not one nozzle placed upstream of                    
          another.”  (Appeal Br. at 9.)  The examiner replies, “the two               
          nozzles can be placed ... with the inner nozzle upstream from               
          the outer nozzle as claimed and shown in Figure 8 ....”                     
          (Examiner’s Answer at                                                       
          11.)  We agree with the examiner.                                           


               The appellants err in considering the reference in less                
          than its entirety.  Here, the appellants again 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.                                                                


               The appellants also make the following argument.                       
               Babel et al. teaches that it is potentially                            
               beneficial to adjust the gauge and flow cross                          
               section of the conical channel.  It is true that, in                   







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