Appeal No. 2004-1023 Page 2
Application No. 09/393,714
BACKGROUND
The appellants’ invention relates to a method for minimizing a pressure amplitude
of acoustic vibrations in a combustion system. An understanding of the invention can
be derived from a reading of exemplary claim 18, which appears in the appendix to the
Brief.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Williams et al. (Williams) 4,557,106 Dec. 10, 1985
Hermann et al. (Hermann) 6,205,764 B1 Mar. 27, 2001
(filed Aug. 6, 1999)
Siemens (German Patent) DE 197 04 540 C 1 Jul. 23, 1998
Claim 18 stands rejected under 35 U.S.C. § 102(b) as being anticipated by
Williams.
Claims 20-26 stand rejected under 35 U.S.C. § 103(a) as being unpatentable
over Williams in view of “either of Siemens1 . . . and Hermann.”
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the above-noted rejections, we make reference to the Answer
(Paper No. 37) and the final rejection (Paper No. 30) for the examiner's reasoning in
1This is the foreign equivalent of Hermann. The examiner recited it as an alternative reference to
Hermann in the rejection, but made no mention of it in the explanation of the rejection.
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