Ex Parte Davis et al - Page 9

                Appeal 2006-2987                                                                                  
                Application 10/661,651                                                                            
                suggestion, or motivation from within the art for using chemical milling to                       
                accomplish rotational balancing of blisks.  The APA recognizes that dealing                       
                with the balancing problem requires appropriate assessment of where and to                        
                what degree the imbalance exists and that this is done using conventional                         
                machines to measure the imbalance and then correcting the imbalance by                            
                removing blisk material (Specification ¶ 0007), the traditional removal                           
                method being one of mechanical machining or milling (Specification ¶                              
                0006).  Chemical milling, according to Walker, was a known alternative to                         
                the more traditional mechanical milling technique (Walker, p. 511, col. 1).                       
                Chemical milling like mechanical milling serves to remove material from                           
                the metal workpiece.  When faced with the problem of removing metal to                            
                balance blisks, one of ordinary skill in the art would have selected chemical                     
                milling because, as discussed by Walker, chemical milling removes material                        
                to exacting tolerances, has low tooling costs, and does not result in burrs.                      
                       We find that the Examiner has provided the necessary evidence to                           
                support the Examiner’s finding.                                                                   
                       We conclude that the Examiner has established a prima facie case of                        
                obviousness with respect to the subject matter of claim 9 that has not been                       
                sufficiently rebutted by Appellants.                                                              
                       3.  Claim 10                                                                               
                       Claim 10 was also rejected by the Examiner over either the APA or                          
                Lowe in view of Walker.  Claim 10 is dependent on claim 9 and further                             
                requires a step of determining if the blisk is balanced and, if not balanced,                     
                repeating one or more of the steps of balancing until the blisk is balanced.                      
                       Appellants contend that in rejecting claim 10 the Examiner has made                        
                an unsupported conclusory statement that it would have been obvious “to                           

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