Ex Parte Alway et al - Page 2




              Appeal No. 2004-1796                                                                  Page 2                
              Application No. 09/682,167                                                                                  


                                                    BACKGROUND                                                            
                     The appellants’ invention relates to a rocket.  An understanding of the invention                    
              can be derived from a reading of exemplary claim 1, which has been reproduced below.                        
                     The prior art references of record relied upon by the examiner in rejecting the                      
              appealed claims are:                                                                                        
              Johnson et al. (Johnson)                   5,707,270                    Jan. 13, 1998                       
              Japanese Patent Document1                  H8-136198                    May 31, 1996                        
              (Kawasaki)                                                                                                  
              Centuri Engineering Company Technical Information Report 33, “Calculating The Center                        
              Of Pressure Of A Model Rocket,” pages 1-38, 1970 (Barrowman)                                                
              AVI astroport LINAEUS GIGANTUS flyer and instruction brochure, 1976 (LG)                                    
                     Claims 1-14 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 applicants regard as the invention.                                                                     
                     Claims 1-14 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over                       
              LG in view of Barrowman and Johnson.                                                                        
                     Claims 1-14 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over                       
              LG in view of Barrowman and Kawasaki.                                                                       




                     1Our understanding of this foreign language document was obtained from a PTO translation, a          
              copy of which is enclosed.                                                                                  







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