Ex Parte David et al - Page 5


              Appeal 2006-1263                                                                  
              Application 10/173,259                                                            

                   The bushing is configured to introduce air into the combustion               
              chamber.  The bushing has a peripheral wall and at least one additional           
              orifice (Figure 3, element 16) formed in the peripheral wall that opens into      
              the combustion chamber.  The orifice directs air substantially along the side     
              wall of the combustion chamber.  The bushing is of substantially elliptical       
              right section (Specification at 4; see Figure 3).                                 
                   Monk describes a bushing formed integrally in a combustion chamber           
              or as a separate member (col. 1, ll. 18-20) meeting all the limitation of Claim   
              1 except for the bushing having a substantially elliptical right section (see     
              Figure 2).                                                                        
                   Rice describes bushings pierced through the side walls of a                  
              combustion chamber for a gas turbine having a substantially elliptical right      
              section (col. 5, ll. 5-10; Figure 3).                                             
                                        PRINCIPLES OF LAW                                       
                   The test for obviousness is what the combined teachings of the               
              references would have suggested to one of ordinary skill in the art. See In re    
              Young, 927 F.2d 588, 591, 18 USPQ2d 1089, 1091 (Fed. Cir. 1991) and In            
              re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981). Moreover,            
              in evaluating such references it is proper to take into account not only the      

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