Appeal No. 1996-3433
Application No. 08/198,955
single continuous annular slot, Bond employs in its apparatus
concentric circular rows of nozzle apertures (36, 38 and 40).
Id. These nozzle apertures (36, 38 and 40) are said to play
an important role in providing “an extremely efficient mixing
of the gaseous components while they are reacted.” See column
2, lines 25-35 and lines 49-59.
Although the examiner relies on Michel and Aghnides to
demonstrate that it would have been obvious to employ the
claimed single continuous annular slot, in lieu of the nozzle
apertures, we are convinced that neither Michel nor Aghnides
would have suggested the desirability of the examiner’s
proposed modification. In re Gordon, 733 F.2d 900, 902, 221
USPQ 1125, 1127 (Fed. Cir. 1984) (“The mere fact that the
prior art could be so modified would not have made the
modification obvious unless the prior art suggested the
desirability of the modification”).
Michel, for example, is directed to providing many slots
in a burner distributor tip for projecting burning fuel from a
premix-type gaseous fuel burning system. Michel does not
employ the claimed single continuous annular slot. Nor does
Michel suggest the desirability of using the claimed single
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