Appeal 2007-1259
Application 10/054,213
The application, 10/054,213 (‘213), was filed on 13 November 2001.
The real party in interest is said to be the inventors, Ulrich Stimming, Kaspar
Andreas Friedrich, and Wolfgang Unkauf, and the assignee, Mannesmann
AG (Supplemental Appeal Brief (Brief) at 2).
The Examiner relies upon US patent 6,096,448, issued 1 August 2000,
to Wilkinson et al. (Wilkinson) in rejecting the claims.
According to Stimming in the “Supplemental Appeal Brief” which is
said to supersede the earlier filed Appeal Brief, “there is no only one Ground
of Rejection to be Reviewed” which is the rejection under 35 USC §102(b)
over Wilkinson. (Br.1- 3).2 The Examiner notes that only claims 1-5, 8, 10,
and 11 are rejected under 35 USC § 102(b) and that Stimming has not
appealed the rejection of claims 6, 7, 9, 12, and 13 under 35 USC § 103(a).
(Answer 3).3
Stimming has not asked for review of, nor provided any arguments
concerning, any rejection other than the rejection made under 35 USC
§102(b). Thus, we confine our review to the Examiner’s rejection under 35
USC § 102(b).
We AFFIRM the rejection.
III. Issue
Whether Stimming has shown that the limitation, “a means for
impressing a positive voltage pulse on the anode”, as it appears in claim 1 is
not anticipated by the fuel starvation methods recited in Wilkinson?
2 When we refer to the “Brief” in the decision, we are referring to the
“Supplemental Brief”.
3 We note that Stimming does not take issue with the Examiner’s
characterization of the rejection on appeal in the Stimming Reply Brief.
2
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: September 9, 2013