Appeal No. 2002-2185
Application 08/976,361
the upper end of three partially long fuel rods. The examiner
proposes to alter the fuel assembly of Japan ‘867 (Fig. 12) based
upon the teaching of either Johansson or Japan ‘494 (answer,
pages 14 through 16). We earlier recognized the teaching of
Japan ‘867 as speculative. Simply stated, we are in basic
agreement with appellants that, absent knowledge of the claimed
invention, the applied teachings themselves simply would not have
suggested to one having ordinary skill in the art a significant
modification of the fuel assembly of Japan ‘867 so as to yield
the particular fuel bundle now claimed.
We do not sustain the rejection of claims 12, 14, 20, 23
through 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, as applied to claims 12, 14, 20, 24, 25, 27, 31, and 34,
further in view of teachings of Johansson.
In this rejection, the examiner applies the same art as in
the preceding rejection. For the same reasons articulated above,
it is the opinion of this panel of the Board that the references
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