Ex Parte Zabawa - Page 3




              Appeal No. 2006-2072                                                                 Παγε 3                                       
              Application No. 10/814,066                                                                                                        





                                                       OPINION                                                                                  
                     In reaching our decision in this appeal, we have given careful consideration to                                            
              the appellant's specification and claims, to the applied prior art reference, and to the                                          
              respective positions articulated by the appellant and the examiner.  As a consequence                                             
              of our review, we make the determinations which follow.                                                                           
                     The examiner has rejected the claims under 35 U.S.C. § 102(b).  We initially note                                          
              that to support a rejection of a claim under 35 U.S.C. § 102(b), it must be shown that                                            
              each element of the claim is found, either expressly described or under principles of                                             
              inherency, in a single prior art reference.  See Kalman v. Kimberly-Clark Corp., 713                                              
              F.2d 760, 772, 218 USPQ 781, 789 (Fed. Cir. 1983), cert. denied, 465 U.S. 1026                                                    
              (1984).                                                                                                                           
                     The examiner finds:                                                                                                        
                            Cain et al. discloses a bladed rotor comprising a hub 24                                                            
                            having a main body with slots 22 and a plurality of blades 10                                                       
                            each having an attachment 14 occupying one of the slots 22                                                          
                            and having both a proximal and distal end where the                                                                 
                            proximal end is rounded (See Figure 1) since the blade                                                              
                            attachment is presumed to have the same profile from the                                                            
                            proximal end to the distal end [final rejection at page 2].                                                         





















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