Appeal No. 2003-0217
Application No. 09/284,076
a channel, consisting essentially of a conduit
without a heater or a fan, connecting the combustion
chamber to an exhaust gas outlet of the gas turbine.
The examiner relies on the following prior art references
as evidence of unpatentability:
Muenger et al. 4,193,259 Mar. 18, 1980
(Muenger)
Javeri 2,146,632 Apr. 24, 1985
(published GB
application)
Claim 15 on appeal stands rejected under 35 U.S.C. § 102(b)
as anticipated by Javeri. (Examiner’s answer mailed Jul. 23,
2002, paper 26, page 3; final Office action, page 2.) In
addition, claims 10 through 14 on appeal stand rejected under 35
U.S.C. § 103 as unpatentable over Javeri in view of Muenger.
(Answer, page 3; final Office action, pages 2-3.)
We affirm the rejection under 35 U.S.C. § 102(b) but not
the rejection under 35 U.S.C. § 103.
35 U.S.C. § 102(b): Claim 15
“Anticipation requires that every limitation of the claim
in issue be disclosed, either expressly or under principles of
inherency, in a single prior art reference.” Corning Glass
Works v. Sumitomo Electric, 868 F.2d 1251, 1255-56, 9 USPQ2d
1962, 1965 (Fed. Cir. 1989).
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