Ex Parte CADDELL et al - Page 5




          Appeal No. 2003-0455                                                        
          Application No. 09/438,969                                                  


          “newly manufactured” singlet.  The examiner’s attempt to bridge the         
          evidentiary gap between AAPA and the claimed invention under the            
          cover of what “any one would know” and/or “common sense” is                 
          unavailing in this particular situation as it rests on undue                
          speculation and unfounded assumptions as to how the artisan might           
          have gone about repairing a damaged turbine nozzle segment.  In             
          this regard, it seems just as likely to us that the ordinarily              
          skilled artisan would have considered the marriage of a “newly              
          manufactured” singlet and a salvaged singlet to be an undesirable           
          and costly alternative for refurbishing a nozzle segment as                 
          compared to the method of AAPA because the service life of a                
          refurbished nozzle segment utilizing new and salvaged singlets              
          would appear to be a function of the life of the salvaged singlet           
          rather than the new singlet.  Moreover, a review of the Lee patent          
          referenced in the second paragraph on page 2 of appellants’                 
          specification reveals no hint whatsoever of using anything other            
          than salvaged vane clusters for remanufacturing turbine vane                
          clusters.  See, for example, column 1, lines 10-12 (“This invention         
          relates to . . . methods for remanufacturing turbine vane clusters          
          from salvageable vane components”); column 1, lines 46-50 (“To              
          reduce replacement costs of vanes, designers and manufacturers of           
          gas turbine engines have sought techniques for salvaging reusable           

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