Ex parte FINNEY - Page 2




                Appeal No. 96-3062                                                                                                            
                Application 08/239,029                                                                                                        


                allowed, and claims 24 through 26 indicated as containing                                                                     
                allowable subject matter.  Subsequently, the appellant canceled                                                               
                claims 21 through 26.  Claims 34 through 38 therefore remain                                                                  
                before us on appeal.                                                                                                          
                         The appellant's invention is directed to a superventuri                                                              
                power source.  The subject matter before us on appeal is                                                                      
                illustrated by reference to claim 34, which appears in an                                                                     
                appendix to the appellant’s Appeal Brief.                                                                                     


                                                           THE REFERENCES                                                                     
                         The references relied upon by the examiner to support the                                                            
                final rejection are:                                                                                                          
                French patent (Jourdain)                2         516,675                           Sep.  5, 1923                             
                French patent (Bloch)              2              891,697                           Mar. 15, 1944                             
                Bailey, F. G. (Bailey), “Turbine,”  McGraw-Hill Encyclopedia of                                                               
                Science and Technology, vol. 18, New York (1992), p. 618.                                                                     


                                                         THE REJECTIONS                                                                       
                         Claims 34 and 35 stand rejected under 35 U.S.C. § 103 as                                                             
                being unpatentable over Bloch in view of Jourdain.                                                                            


                         2Our understanding of this reference was obtained from a                                                             
                PTO translation into English, a copy of which is attached to this                                                             
                decision.                                                                                                                     
                                                                      2                                                                       





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