Appeal No. 2001-2454 Page 2
Application No. 09/267,355
BACKGROUND
The appellants’ invention relates to an exhaust gas turbocharger. An
understanding of the invention can be derived from a reading of exemplary claim 1,
which appears in the substitute appendix to the Brief.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Faletti et al. (Faletti) 5,813,231 Sep. 29, 1998
Daudel et al. (Daudel) 6,020,652 Feb. 1, 2000
(filed Sep. 28, 1998)
Claims 1-20 stand rejected under 35 U.S.C. § 112, second paragraph, as being
indefinite for failing to particularly point out and distinctly claim the subject matter which
the appellants regard as the invention.
Claims 1-9 and 18-20 stand rejected under 35 U.S.C. § 102(e) as being
anticipated by Faletti.
Claims 1, 10-13 and 17 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Faletti.
Claims 14-16 stand rejected under 35 U.S.C. § 103(a) as being unpatentable
over Faletti in view of Daudel.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the above-noted rejections, we make reference to the Answer
(Paper No. 14) and the final rejection (Paper No. 9) for the examiner's complete
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