Ex parte MCKINNEY et al. - Page 6




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


          U.S. 1057 (1968).                                                           
               Turning to the specifics of the standing § 103 rejection,              
          the examiner’s contention on page 5 of the answer that “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” is without foundation               
          in the applied Butler reference.  The thrust of Butler is the               
          eccentric detent 150 for retaining the retainer 125, and not                
          the structure of the flange of the fuel nozzle guide 105.                   
          Butler does not voice any concern whatsoever for the                        
          construction of the flange of the fuel nozzle guide 105, much               
          less any ribs thereon, or the particular shape of the trailing              
          ends of the ribs, to promote the flow of cooling air.  Also,                
          the examiner’s further contention on page 5 of the answer that              
          appellants’ invention “is nothing more than a classic                       
          engineering tradeoff between cost and performance” is likewise              
          flawed because it inappropriately assumes that the ordinarily               
          skilled artisan would consider making the trailing ends of the              
          ribs arcuate according to “conventional streamlining                        
          techniques” as a performance enhancing modification.  For all               
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