Appeal No. 2005-1316
Application No. 09/735,503
percentage change in the natural frequency of the turbine blade.
See the Reply Brief, page 1, together with claim 1 on appeal
which recites “placing a crystal seed along a desired direction
according to an orientation...thereby effect a desired percentage
change in the natural frequency of the turbine bucket”. Although
Gemma does not recognize the importance of obtaining a so-called
“desired percentage change” in the natural frequency of the
turbine blade, it, by virtue of placing the single crystal seed
in a direction desirable for improving fatigue resistance of a
turbine blade, necessarily or inherently causes a corresponding
percentage change in a natural frequency of the turbine blade,
which is also desirable for improving fatigue resistance of the
turbine blade. The natural frequency percentage change
necessarily or inherently obtained in Gemma is not precluded by
the claimed so-called “desired percentage change” in a natural
frequency of the turbine blade, which is no more than a function
of the desired direction of the crystal seed.
CONCLUSION
In view of the factual findings set forth in the Answer and
above, we determine that the examiner has established a prima facie
case of anticipation which has not been sufficiently rebutted by
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