Ex parte NAPIER et al. - Page 2




                 Appeal No. 98-0007                                                                                                                     
                 Application 08/440,907                                                                                                                 



                 CALVERT, Administrative Patent Judge.                                                                                                  





                                                           DECISION ON APPEAL                                                                           
                                   This is an appeal from the final rejection of claims                                                                 
                 1 to 10, all the claims in the application.                                                                                            
                                   The appealed claims are drawn to an apparatus for                                                                    
                 use in removing an engine from a vehicle and transporting it                                                                           
                 elsewhere.  Claims 1 to 10 are reproduced in Appendix A of                                                                             
                 appellants’ brief.2                                                                                                                    
                                   The reference applied in the final rejection is:                                                                     
                 Symon                  5,033,717                  July 23,                                                                             
                 1991                                                                                                                                   


                                   Claims 1 to 10 stand finally rejected as unpatent-                                                                   
                 able over Symon, under 35 U.S.C. § 103.                                                                                                
                                   After fully considering the record in light of the                                                                   
                 arguments presented in appellants’ brief and in the examiner’s                                                                         

                          2All references herein to appellants’ brief are to the                                                                        
                 substitute brief filed on May 27, 1997 (Paper No. 14).                                                                                 
                                                                           2                                                                            





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