Ex Parte Mahendran et al - Page 2



           1          A.  Statement of the case                                                                
           2          The appeal under 35 U.S.C. § 134(a) is from a final rejection of                         
           3    claims 1-37.                                                                                   
           4          Claims 2-7, 10-16, 18-21 and 23-37 were cancelled in an amendment                        
           5    filed with the Appeal Brief.                                                                   
           6          The claims remaining are claims 1, 8-9, 17 and 22.                                       
           7          We have jurisdiction under 35 U.S.C. § 6(b).                                             
           8          The real party is interest is Zenon Technology Partnership.  Other                       
           9    entities having some interest in the application are said to include (1) GE                    
          10    Zenon ULC, (2) 1244734 Alberta ULC, (3) GE Betz Canada Company,                                
          11    (4) GE Betzdearborn Canada Company, (5) GE Betz, Inc., (6) MRA                                 
          12    Investments Inc., (7) MRA System, Inc., (8) GE Investments, Inc., and                          
          13    (9) the General Electric Company.  Appeal Brief, page 1.                                       
          14          The Examiner relies on the following prior art                                           
          15    Mahendran         U.S. Patent 5,472,607     05 December 1995                                   
          16    Brun                   U.S. Patent 3,948,781     06 April 1976                                 
          17          Both Mahendran and Brun are prior art vis-à-vis Appellants' claimed                      
          18    subject matter under 35 U.S.C. § 102(b).                                                       
          19          The Examiner rejected claims 1, 8-9, 17 and 22 as being anticipated                      
          20    under 35 U.S.C. § 102(b) by Mahendran.                                                         
          21          The Examiner also rejected claims 1, 8-9, 17 and 22 as being                             
          22    unpatentable under 35 U.S.C. § 103(a) over the combination of Mahendran                        
          23    and Brun.                                                                                      









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