Appeal 2007-4307
Application 10/173,095
face sheets. Nakanishi and Rostami are concerned with making resins for
general applications without reference to acoustic panels.
The ordinary level of skill
We look to the evidence of record—the applicant's disclosure, the
cited references, and any declaration testimony—in resolving the ordinary
level of skill in the art. We focus on what those of skill in the art know and
can do.50
The specification, along with Riel and Andre, indicate that those in
the art were conversant with the basic structure of acoustic panels used with
jet engines. They knew that such panels must work in fairly extreme
environments and thus need good physical properties, including resistance to
mechanical stress and chemical corrosion. They knew that a variety of
materials may be used for the different layers, with each material presenting
advantages and disadvantages, both intrinsically and in its interaction with
other materials.
Stephens, Chee, and Scanlon show that those in the art knew how to
work with fiber-resin combinations for layers other than just the Helmholtz-
cell layer. Indeed, it was known to make reinforcing face sheets that were
themselves layers bonded together. Those in the art also knew that they
could partially cure one component before co-curing it with another
component.
Those in the art were familiar with the use of resins both as a
component of fiber-resin materials and as adhesives. Chee and Scanlon
50 Ex parte Jud, 2006 WL 4080053 at *2 (BPAI) (rehearing with expanded
panel). Airbus has not provided testimony regarding the level of skill.
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