Appeal No. 1998-1805
Application No. 08/596,734
factors as the Bernoulli equation and Reynolds numbers. In
the final analysis, however, we are persuaded by the disclosed
structure and operation of the Fornelli apparatus, the absence
of an explicit teaching of “pressure” as an influence in the
operation of the Fornelli device, and the lack of evidence
that an increased pressure inherently would be present at the
narrowed portions, that a conclusion that the pressure
increases at the narrowed portions is mere speculation. Thus,
Fornelli does not support the examiner’s position and, on that
basis, from our perspective the artisan would not have been
motivated to alter the Long structure in the manner suggested
by the examiner. Moreover, even if one considered, arguendo,
that pressure is present in the appropriate places in the
Fornelli system, the mere fact that the prior art structure
could be modified does not make such a modification obvious
unless the prior art suggests the desirability of doing so.
See In re Gordon, 733 F.2d 900, 902, 221 USPQ 1125,
1127 (Fed. Cir. 1984). We fail to perceive any teaching,
suggestion or incentive in the disclosure of the non-
pressurized chamber system of Fornelli which would have led
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