Ex Parte JULIEN - Page 2




               Appeal No. 2002-0018                                                                                                     
               Application No. 09/231,897                                                                                               


                       Appellant’s invention pertains to a high pressure erosion resistant nozzle for cutting and                       
               cleaning, and more particularly to an improved liquid jet nozzle made of Nitinol.  Claim 1, a copy of                    
               which appears in the Appendix to appellant’s corrected main brief, is exemplary of the subject                           
               matter at issue.                                                                                                         
                       The references of record relied upon by the examiner as evidence of obviousness are:                             
               Buehler et al. (Buehler)                 3,174,851                               Mar. 23, 1965                           
               Munoz                                    5,033,681                               Jul.   23, 1991                         
               Matsui et al. (Matsui)                   5,434,112                               Jul.   18, 1995                         
                       Claims 1, 2, 16, 19, 24, 28-30, 32, 33 and 36 stand rejected under 35 U.S.C. § 103(a) as                         
               being unpatentable over Matsui in view of Buehler.                                                                       
                       Claims 3, 17, 18, 25-27, 31, 34 and 35 stand rejected under 35 U.S.C. § 103(a) as being                          
               unpatentable over Matsui in view of Buehler and further in view of Munoz.                                                
                       Reference is made to appellant’s corrected main brief and reply brief (Paper Nos. 11 and 13)                     
               and to the examiner’s answer (Paper No. 12) for the respective positions of appellant and the                            
               examiner regarding the merits of these rejections.                                                                       









                                                               Discussion                                                               
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