Ex Parte von Wolske - Page 5

                Appeal  2007-0817                                                                              
                Application 10/992,253                                                                         

                discrete locations on the track or route, we hold that the first and second                    
                propellers 16 and 18 of Betsinger are not on first and second independent                      
                paths but are on a single path, that of arc 86.  We further find that Betsinger                
                makes a distinction between the single arc 86 and the prior art references to                  
                Arneson which disclose propellers moving along independent arcs defined                        
                one for each prop.  See Betsinger, col. 1, ll. 42-44.  This is further evidence                
                that the art recognizes a distinction between completely independent                           
                movement of propellers and movement of two propellers along a single arc.                      
                      Giving the claim language the above determined construction, it is our                   
                further finding that Betsinger does not anticipate the independent claims on                   
                appeal, inasmuch as Betsinger does not show first and second paths that are                    
                independent of each other.                                                                     

                                        CONCLUSION and ORDER                                                   
                      The rejection of claims 1, 8, 14-18, 21, 22, 28-31 and 35 is reversed.                   

                                                REVERSED                                                       


                vsh                                                                                            

                LAW OFFICES OF GARY R. STANFORD                                                                
                330 W OVERLOOK MOUNTAIN RD                                                                     
                BUDA TX 78610                                                                                  




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