Ex Parte Wang - Page 5



          Appeal No. 2005-1316                                                         
          Application No. 09/735,503                                                   

          together with Gemma, column 14, line 45 to column 15, line 18.               
          Nor is there any dispute that:                                               
               The single crystal [of Gemma] is placed in a desired                    
               orientation including all angles from 0 to 90 degrees                   
               (col. 13, lines 1-6) to provide a better fatigue                        
               resistance (col. 3, lines 10-50).  The orientation of                   
               the seed is preferred between zero and twenty degrees                   
               (col. 3, lines 39-41, col. 12, lines 52-65).  The                       
               secondary orientation would not affect the turbine                      
               blade’s weight, the turbine blade’s shape, or the                       
               flexure mode of the turbine blade, since the flexure                    
               frequencies is [sic, are] insensitive to the secondary                  
               orientation as acknowledged ... by [the] applicant                      
               (page 3, lines 24-26 of [the] applicant’s specifica-                    
               tion). (Emphasis in original)                                           
          Although the examiner acknowledges that Gemma is silent with                 
          respect to the tuning of a natural frequency of the turbine blade            
          (bucket), the examiner takes the position that such tuning “is               
          inherent that every time when Gemma ... arrange[s] the crystal               
          seed to a different orientation, at any angle, the natural                   
          frequency has been tuned to a different value.”  See the Answer,             
          page 3.  In other words, the examiner finds that Gemma, by virtue            
          of placing its single crystal seed in an orientation (direction)             
          useful for improving fatigue resistance, necessarily or                      
          inherently obtains the corresponding desired percentage change in            
          the natural frequency of the turbine blade (bucket).                         
               The appellant argues (Reply Brief, pages 1 and 2) that:                 


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