Ex parte HERMACH - Page 2




                Appeal No. 96-2477                                                                                                            
                Application 08/345,292                                                                                                        


                including a tandem-engine propulsion module (claims 7-12), a                                                                  
                method of powering a fixed-wing aircraft (claims 13-17), and a                                                                
                method of providing a fixed-wing aircraft with tandem-engine                                                                  
                propulsion (claims 18-20).  Independent claims 1, 7, 13 and 18                                                                
                are representative of the appealed subject matter, and copies                                                                 
                thereof, as they appear in the appendix to appellant’s brief, are                                                             
                appended to this opinion.2                                                                                                    
                         The references of record relied upon by the examiner in                                                              
                support of rejections under 35 U.S.C. § 103 are:                                                                              

                Sanders                                   1,855,652                                 Apr. 26, 1932                             
                Henrichsen et al.                         1,874,523                                 Aug. 30, 1932                             
                (Henrichsen)                                                                                                                  
                Hall                                      2,619,301                                 Nov. 25, 1952                             

                         Claims 1-20 stand rejected under 35 U.S.C. § 103 as being                                                            
                unpatentable over Hall in view of Henrichsen or Sanders.                                                                      
                         Hall, the primary reference, pertains to a flight component                                                          
                A adapted to be releasably attached to a ground vehicle B to                                                                  
                permit the ground vehicle to be airborne.  The flight component A                                                             

                         2We note several instances in the appealed claims of terms                                                           
                which lack a clear antecedent.  For example, “the wing means”                                                                 
                (claim 2, line 3 and claim 5, line 2); “the engine means” (claim                                                              
                3, line 2) and “the propellers” (claim 3, line 2) do not have a                                                               
                clear antecedent.  While these deficiencies do not obscure the                                                                
                metes and bounds of the claims, in the event of further                                                                       
                prosecution before the examiner, corrective action should be                                                                  
                taken.                                                                                                                        
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