Ex parte UNGER et al. - Page 9

          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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