Appeal No. 1997-3697
Application 08/273,455
of dimples, which arrangement necessarily includes the “corresponding protrusions, formed by the
dimples,” wherein the dimples are in one outer layer and the protrusions are in the other outer layer of a
single generating layer, which language encompasses the arrangement shown in specification Fig. 2.
We have compared the structure specified by the elements of claim 3, as we have interpreted
the language thereof, with the structure shown in FIG. 3 of Ackerman et al. in light of the position
advanced by the examiner and by appellants. We find that reference FIG. 3 illustrates an alternative
configuration of that shown in reference FIG. 2, wherein reference FIG. 2 is “an enlarged sectional view
as seen generally from line 2–2 in FIG. 1” (col. 6, lines 9-10, and col. 8, lines 59-60). It is apparent
from reference FIG. 1 that the passageways 20 and 26, the latter including feed tube 24, in the core 14
are straight runs for the length thereof, wherein the configuration and the dimensions of the passageways
do not change, with the sole exception where “[i]t would be desirable to provide a slight reduction in
cross sectional area at the discharge end of the fuel passageways” (col. 6, line 22, to col. 7, line 12). It
is apparent that reference FIGs. 2 and 3 represent merely a cross section of core 14, showing only the
form of the passageways at that particular point and no other aspect of the structure of the passage
ways over the remainder of the core. Accordingly, based on the structure disclosed by the reference
taken as a whole, we agree with appellants’ characterization of this structure as one that is “corrugated”
and indeed, there is no “two-dimensional array of dimples” as required by claims 3 and 4.
Accordingly, we reverse this ground of rejection because each and every element of the claimed
invention, arranged as required by the claims, is not found in Ackerman et al.
ed., Rev. 1, Feb. 2000; 1200-13, last two full sentences).
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