Appeal No. 2002-2185
Application 08/976,361
no substantially obstructed flow area in the cell opening).
However, the translation also specifies a reduction in spacer
cell diameter (the inference being that there is an obstruction
in the cell opening). These apparent inconsistencies leave us
without any clear and unambiguous understanding of the teaching
of the Japan ‘494. Accordingly, it is speculative as to what in
fact Japan ‘494 teaches. For this reason, there is no certainty
as to what a modification of the Japan ‘494 fuel assembly would
yield when Japan ‘494 is considered with the swirler teaching of
Johansson. For the above reasons, the rejection cannot be
sustained.
We do not sustain the rejection of claims 12, 14, 20, 24,
25, 27, 31 and 34 under 35 U.S.C. § 103(a) as being unpatentable
over Japan ‘867 in view of either Johansson or Japan ‘494
Nishino).
The Japan ‘867 reference discloses (translation, page 14)
embodiments of a fuel assembly including partially long fuel rods
with structure for promoting circling flow. In Fig. 11, spiral
plate material is installed at the upper end of the partially
long fuel rods, while in Fig. 12 a circular tube is installed at
10
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