Ex Parte David et al - Page 4


              Appeal 2006-1263                                                                  
              Application 10/173,259                                                            

                   The Examiner contends that Monk discloses the invention as claimed           
              except for the bushing having an elliptical right section.  The Examiner          
              relies on Rice for teaching an elliptical right section bushing.  Appellants      
              contends that Monk does not teach a removable bushing (Br. 6) and further         
              that there is no suggestion in Monk to modify its flow passage A to be a          
              removable bushing (Br. 8) as taught by Rice.                                      
                   We affirm.                                                                   
                                               ISSUES                                           
                   The first issue before us is whether the Appellants have shown that the      
              Examiner erred in finding that Monk teaches a bushing as recited in               
              independent claims 1, 11 and 14.                                                  
                   The second issue before us is whether the Appellants have shown that         
              the examiner erred in holding that modifying the Monk device so as to             
              include an elliptically shaped bushing, as taught by Rice, would not destroy      
              the function of the Monk device.                                                  
                                         FINDING OF FACT                                        
                   Appellants’ invention comprises a bushing (Figure 3, element 8) for          
              fixing in air injections holes (Figure 1, element 6) pierced through the side     
              walls of a combustion chamber for a gas turbine (Specification at 4).             

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