Ex parte MCKINNEY et al. - Page 4




          Appeal No. 99-1962                                                          
          Application 08/671,463                                                      


               present invention, there are ribs (unnumbered)                         
               separating the distal portion of a radial flange on                    
               the bushing from the heat shield.  Butler’s drawing                    
               includes no radial cross section showing the ribs’                     
               leading and trailing edge configuration, but                           
               according to appellants, such prior art ribs                           
               comprise squared-off edges as shown in Figures 5 and                   
               6 of the present application.  Assuming this is                        
               true, one skilled in the art would have been well                      
               aware of the fact that such square-edged flow                          
               elements are prone to aerodynamic losses and                           
               accompanied by phenomena such as the trailing edge                     
               vortices shown in appellants’ Figure 6.  The nominal                   
               addition of aerodynamically contoured (arcuate)                        
               leading and trailing edges to Butler’s ribs would                      
               have simply been an obvious expedient to eliminate                     
               such predictable losses.  Moreover, the addition of                    
               such contoured edges is consistent with conventional                   
               streamlining techniques.  The decision to apply such                   
               techniques involves no patentable novelty; it is                       
               nothing more than a classic engineering tradeoff                       
               between cost and performance.                                          
               We fully appreciate the points raised by the examiner in               
          the answer in rejecting the appealed claims, including not                  
          only those set forth in the above quoted explanation of the                 
          rejection, but also those made by the examiner in the answer                
          in responding to appellants’ argument.  Having carefully                    
          considered appellants’ specification and claims, the teachings              
          of the applied reference, and the respective positions                      
          expressed by appellants and the examiner, it is our                         
          determination that the § 103 rejection of claims 1-3, 6-8 and               

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