Ex Parte GAUTHIER et al - Page 5




          Appeal No. 2000-0014                                                        
          Application No. 08/747,927                                                  


               2. Appellants’ specification (page 4) appears to acknowledge           
          that a “single-neck venturi injector” was known in the art prior            
          to appellants’ invention. The examiner should determine whether             
          the claimed subject matter of claims 1 and 15, for example, would           
          have been obvious under 35 U.S.C. § 103(a) based upon the                   
          acknowledged injector and the Krambeck teaching, collectively               
          considered. In other words, a determination should be made as to            
          whether the noted prior art would have been suggestive of (a)               
          modifying a single-neck venturi injector to yield a plural-neck             
          venturi injector, following the plural passageway (nozzle)                  
          teaching of Krambeck, and/or (b) modifying each passageway                  
          (nozzle) 16 of Krambeck to include a known venturi therein, in              
          accordance with the acknowledged known practice. In assessing               
          each of the remaining claims 2 through 14, the examiner should              
          consider the claim content relative to the referenced prior art,            
          supra, by itself or with other known art.                                   
               In summary, this panel of the board has reversed the                   
          rejection of appellants’ claims under 35 U.S.C. § 103(a), and               
          remanded the application to the examiner for reasons given above.           








                                          5                                           





Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November 3, 2007