Appeal No. 1997-3709
Application 08/582,034
examiner considers that:
It would have been obvious to have constructed the
passageways of Wirth to have one of the numerous
cross-sectional geometric shapes including
hexagonal, as is well known and exemplified by
Herbulot et al since such a choice of cross-
sectional shape is well within the level of the
ordinary skilled worker and is functionally
equivalent to any other known geometric shape.
Note that Herbulot et al is relied upon solely
for the teaching of a specific shape, hexagonal . .
. since Wirth discloses uninterrupted walls changing
shape in two directions from an innermost to an
outermost radius as described above.
Thus, Wirth as modified meets the claimed
dimensional relationships. [Answer, page 4;
emphasis in original.]
Opinion
We appreciate that within the context of Herbulot’s
invention, Herbulot teaches that various cross-sections for
the venting channels may be utilized. We also appreciate that
at least the Figure 6 hexagonal channel of Herbulot satisfies
the (A2) < (A1) and (B2) < (B1) claim limitations not taught
by Wirth. Still further, we appreciate that if the Wirth
vented rotor were to be provided with venting passageways of
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