Appeal No. 98-2118
Application No. 08/459,986
We AFFIRM.
The appellants' invention pertains to a flow directing
element for a gas turbine engine. Independent claim 1 is
further illustrative of the appealed subject matter and a copy
thereof may be found in APPENDIX A of the brief.
The references relied on by the examiner are:
Korta 4,130,375 Dec. 19,
1978
Elvekjaer et al. (Elvekjaer) 5,342,170 Aug.
30, 1994
Claims 1-3, 6, 8 and 9 stand rejected under 35 U.S.C.
§ 102(b) as being anticipated by Elvekjaer.
Claims 4 and 5 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Elvekjaer. The examiner considers
that the claimed ratio of the first value relative to the
2(...continued)
states that the "Reply Brief filed 2-20-98 has been entered
and overcomes the rejections of claims 2 and 7 under 35 U.S.C.
112, second paragraph. . . ." Since the reply brief was
simply a cover letter for an amendment submitted therewith, we
construe the examiner's statement in the advisory action to
mean that the amendment accompanying the reply brief has been
entered (although no clerical entry thereof has in fact been
made). Accordingly, claims 2 and 7 are considered to have
been amended subsequent to final rejection.
2
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